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Whether you're protecting your existing rights from a conflicting new EU application, or defending your own published mark, our team at Brealant guides you through the EUIPO opposition process from start to finish.
Legal Definition of EU Trademark Opposition
Opposition is the formal process, under EU Trade Mark Regulation 2017/1001, that lets an earlier rights holder challenge a published EU trademark application before it registers.
Purpose and Function of Opposition
Because EUIPO doesn't check for conflicting earlier marks during examination, opposition is the main mechanism that lets rights holders across the EU prevent a confusingly similar mark from reaching the register.
Protecting Your Position
Whether opposing or defending, a carefully built case — backed by the right evidence of your earlier rights — is essential to a successful outcome before EUIPO.
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Contact
Reach out to Brealant to discuss the published 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 Notice of Opposition, or the response and evidence, as relevant.
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Wait
Await EUIPO's process through the cooling-off period and evidence stages; timing varies by case.
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Response
Receive the outcome — a decision on the papers, or a negotiated resolution.
In the European Union, opposition follows a defined sequence: Notice of Opposition, a cooling-off period for possible settlement, then rounds of evidence and argument, before EUIPO issues a decision. 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 earlier 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 Notice of Opposition must be filed within 3 months of publication — miss it, and the right is generally lost.
No Retrospective Effect
Opposition can't undo a mark that has already registered; an invalidity action would be needed instead.
Cost and Time
A fully contested opposition, including the cooling-off period, can run well over a year and involve significant professional costs.
Burden of Proof
The opponent must prove its earlier rights and, where relevant, genuine use — an opposition without solid evidence 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 confusingly similar mark from registering across the EU alongside yours.
Consumer Trust
Reducing the risk of customers being misled between your brand and a new entrant, in any member state.
Market Position
Stopping a competitor from gaining unitary EU rights that could restrict your own future use.
Register Integrity
Ensuring only marks that genuinely respect earlier rights 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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Notice of Opposition
Filed within 3 months of the mark's publication.
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Cooling-Off Period
An initial 2-month period, often extended by agreement up to 24 months in total, allowing the parties to negotiate a settlement.
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Adversarial Stage
If not settled, both sides file facts, evidence, and arguments in defined rounds.
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Decision
EUIPO's Opposition Division issues a decision, which either party may appeal.
A contested EU opposition commonly runs from around 12 months up to several years where the cooling-off period is extended and the matter is later appealed.
Costs scale with how far the matter proceeds
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EUIPO charges an official fee to file a Notice of Opposition, typically in the region of a few hundred euros.
depend heavily on whether the matter settles during the cooling-off period or proceeds to a full evidence exchange.
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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Owners of earlier trademarks or certain other earlier rights recognised under EU law, whether registered at EUIPO or nationally in a member state, can file an opposition.
A Notice of Opposition must be filed within 3 months of the mark's publication.
If the opposition succeeds, the application is refused, in whole or for the contested goods/services, and does not proceed to registration.
It's an initial 2-month window, extendable by agreement up to 24 months in total, giving both parties time to negotiate a settlement before formal proceedings begin.
Yes, many oppositions resolve through negotiation — such as a coexistence agreement or amendment — during the cooling-off period.
Filing an opposition carries an official EUIPO fee of €320, plus Brealant's professional fee for preparing and running the case; defending one is quoted based on the grounds raised.
Yes, an opponent can limit the opposition to specific classes or items, allowing the rest of the application to proceed to registration.
Yes, either party can appeal an adverse decision to EUIPO's Boards of Appeal within two months of notification.
Opposition happens before registration, during a fixed publication window; once a mark is registered, a conflicting earlier right must instead be challenged through an invalidity/cancellation action, which has no filing deadline.
In limited cases yes — marks with a reputation recognised under the Paris Convention can found an opposition even without an EU or national registration, though this ground is narrower than opposing on a registered earlier right.
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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