Trademark Opposition Proceedings

Once a trademark application is accepted for registration by the Trademarks Registrar, it is published in the official Trademarks Journal. Following such publication, any person may, within 90 days of the publication, file an opposition to the application.

The most common grounds for opposition is that an identical or confusingly similar mark is already registered. However, it is possible to base an opposition on any grounds that may render the application not eligible for registration, for example, that the mark is generic or descriptive and thus cannot be registered as a trademark.

Once an opposition is filed, an adversarial proceeding is carried out before the Trademarks Registrar. The Trademark Registrar will decide, upon evidence by both parties, whether the application should be registered. The Registrar’s decision may be appealed to the District Court.