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Whether you're protecting your existing rights from a conflicting new application, or defending your own accepted mark, our team at Brealant guides you through the Trademarks Opposition Board process from start to finish.
Legal Definition of Trademark Opposition
Opposition is the formal process, under the Trademarks Act, that lets a third party challenge a trademark application after it's advertised but before registration.
Purpose and Function of Opposition
It exists to let earlier rights holders and other affected parties prevent a confusing mark from reaching the register, before it can cause marketplace confusion.
Protecting Your Position
Whether opposing or defending, a carefully built case — backed by the right evidence — is essential to a successful outcome before the Trademarks Opposition Board.
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Contact
Reach out to Brealant to discuss the advertised mark you want to oppose, or the opposition you need to defend.
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Search
We review the conflicting application or your own registration and the surrounding evidence.
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Quote
Receive a staged service quote covering each phase of the opposition process.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant files the Statement of Opposition, counter statement, or evidence, as relevant.
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Wait
Await the Trademarks Opposition Board's process through each evidence stage; timing varies by case.
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Response
Receive the outcome — a hearing date, a decision on the written record, or a negotiated resolution.
In Canada, opposition follows a defined sequence: Statement of Opposition, counter statement, then rounds of evidence, written arguments, and a hearing or decision before the Trademarks Opposition Board. Knowing exactly where a case sits in that sequence is the clearest way to plan next steps.
Opposition is a serious step with real cost implications, so it's worth a clear-eyed assessment of the conflicting mark, the strength of your rights, and the commercial risk of letting it proceed unopposed. Brealant assesses the merits with you before recommending action.
Opposition is powerful, but it has real limits
Missed Deadlines
A Statement of Opposition must generally be filed within 2 months of advertisement — miss it, and the right is generally lost.
No Retrospective Effect
Opposition can't undo a mark that has already registered; a Section 45 or invalidity proceeding would be needed instead.
Cost and Time
A fully contested opposition can run well over a year and involve significant professional costs.
Burden of Proof
The opponent must raise its grounds properly and the applicant must then meet its legal burden — an opposition without a properly pleaded ground is unlikely to succeed.
Partial Outcomes
Opposition may only succeed for some of the contested goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely outcome, timeline, and cost before you proceed.
A well-run opposition protects a range of commercial and legal interests
Your Existing Brand
Preventing a confusing mark from registering alongside yours.
Consumer Trust
Reducing the risk of customers being misled between your brand and a new entrant.
Market Position
Stopping a competitor from gaining registered rights that could restrict your own future use.
Register Integrity
Ensuring only marks that genuinely meet the legal requirements proceed to registration.
Brealant helps you weigh these interests against the cost and time of a contested opposition before you commit.
Opposition follows a defined, multi-stage process
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Statement of Opposition
Filed within 2 months of the mark's advertisement in the Trademarks Journal, with limited extensions available.
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Counter Statement
The applicant generally has 2 months to file a counter statement responding to the grounds raised.
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Evidence Stages
Evidence from both sides, followed by written arguments, are filed in sequence, each generally over several months.
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Hearing and Decision
The Trademarks Opposition Board decides on the written record or after an oral hearing.
A fully contested opposition in Canada commonly runs from about 18 months to several years, from the Statement of Opposition to a final decision.
Costs scale with how far the matter proceeds
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CIPO charges an official fee to file a Statement of Opposition.
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Professional fees depend heavily on whether the matter proceeds to a full evidence exchange or resolves earlier.
Brealant scopes and quotes each stage separately, so you're never committed further than you choose to go.
Brealant manages your opposition matter end to end, keeping you informed at each stage and revisiting strategy as the evidence develops, so you can make informed decisions about whether to continue, negotiate, or settle.
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Any person can file an opposition, though it is most often brought by the owner of an earlier confusing mark or trade name.
A Statement of Opposition must generally be filed within 2 months of the mark's advertisement in the Trademarks Journal.
Extensions of time are available only in limited circumstances and must be requested from CIPO before the deadline expires.
If the opposition succeeds, the application is refused, in whole or for the contested goods/services, and does not proceed to registration.
Yes, many oppositions resolve through negotiation — such as a coexistence agreement or amendment — before reaching a hearing.
Common grounds include a likelihood of confusion with an earlier mark, lack of distinctiveness, non-entitlement to registration, non-compliance with filing requirements, and bad faith.
You can appeal the Trademarks Opposition Board's decision to the Federal Court of Canada within the statutory deadline.
Yes, as the applicant you must file a counterstatement within one month of being served the Statement of Opposition, or the application is deemed abandoned.
A contested opposition that runs through to a Board decision commonly takes 2-4 years, though many resolve faster through settlement.
Opposition challenges an application before it registers, while cancellation — such as a Section 45 non-use proceeding — challenges a mark that is already on the register.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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