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euOpposition to European Union trade mark

  • European Union trade mark:
  • A European Union trade mark (“EUTM”) is a single trade mark registration that provides trade mark protection in 28 of the European Union territories as of year 2017.
  • Opposition to EUTM
  • Due to the special nature of extensive coverage of EUTM, the EUTM trademark applications are popular. Also due to this popularity, number of EUTM trademark opposition is of considerable volume.
  • How a EUTM trademark opposition is commenced
  • Once the EUTM application is submitted, it is then reviewed by the examination authority. If it is approved, it will be published in the EU trade mark Bulletin for opposition for a period of 3 months. If no opposition is filed, the application will be registered. The three-month period of opposition cannot be extended.
  • Typical steps in EUTM trademark opposition 三個月的異議期限不能延長。
  • •A notice of opposition must be filed within three months of the publication.
  • •After the opposition is admitted, the cooling-off period of two months will commence. The initial "cooling-off period" could be extended by further 22 months.
  • • After the cooling-off period expires, the opponent must provide evidence of opposition within two months. Thereafter, the applicant will be given a two-month time to respond.
  • • The final decision would be handed down by the subsequent to examination of the arguments and evidence.
  • • The possibility of appeals by the unsatisfied-party(ies) within 2 months after the date of decision.
  • The following is a brief diagram illustrating the typical steps in EUTM trademark opposition for further reference.
  • European Union Trade Mark (EUTM) Application: Opposition Procedure
  • eu
  • Notes:
    1. Conversion of the European Union Trade Mark application into national rights: if the opposition is successful and the application fails, then the Applicant has the option to convert the EUTM application into national applications in the member states except in the territories where an Earlier Right is held.
    2. Appeal by the parties: a party may appeal the decision within two months of receiving the decision by filing a notice of appeal and paying the official appeal fee.

    Company information

    BKIP Limited

    Unit 2202, 22/F, Causeway Bay Plaza I, 489 Hennessy Road, Causeway Bay, Hong Kong
    (852) 3157 0065
    tm@bkip.com.hk