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Whether you're protecting your existing rights from a newly published application, or defending your own mark against a challenge, our team at Brealant guides you through the OEPM opposition process from start to finish.
Legal Definition of Trademark Opposition
Opposition (oposición) is the formal process, under Ley de Marcas 17/2001, that lets a third party with earlier rights challenge a trademark application within two months of its publication in the BOPI.
Purpose and Function of Opposition
Because OEPM does not screen new applications against earlier marks on its own initiative, opposition is the main mechanism that lets rights holders stop 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 and genuine use — is essential to a successful outcome before OEPM.
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Contact
Reach out to Brealant to discuss the published application 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 written defence, as relevant.
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Wait
Await OEPM's process through the submissions stage; timing varies by case.
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Response
Receive OEPM's decision on the opposition, which can be appealed if needed.
In Spain, opposition follows a defined sequence: the notice of opposition is filed within two months of publication in the BOPI, the applicant is given a chance to respond, and OEPM then issues a reasoned decision, generally without a formal hearing. 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
Strict Deadline
The notice of opposition must be filed within two months of publication in the BOPI — miss it, and the right is generally lost.
No Retrospective Effect
Opposition can't undo a mark that has already registered; a separate invalidity or cancellation action would be needed instead.
Cost and Time
A contested opposition can commonly run 8 to 12 months, or longer if appealed, and involve real professional costs.
Burden of Proof
The opponent must prove its earlier rights, and genuine use where relevant — 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 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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Publication
The application is published in the BOPI, opening the opposition window.
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Notice of Opposition
Filed within two months of publication, setting out the earlier rights relied on.
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Applicant's Response
The applicant is given the opportunity to file observations in reply.
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Decision
OEPM issues a reasoned decision, which either party may appeal.
A contested opposition in Spain commonly runs 8 to 12 months from the notice of opposition to a final decision, longer if appealed.
Costs scale with how far the matter proceeds
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OEPM charges an official fee to file a notice of opposition.
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Professional fees depend heavily on the complexity of the evidence and arguments required.
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 owner of an earlier Spanish, EU, or internationally protected mark, or certain other earlier rights, can file an opposition, most often the owner of a conflicting earlier registration.
A notice of opposition must be filed within two months of the mark's publication in the BOPI.
The two-month opposition period itself is a fixed statutory term and is not generally extendable, so acting promptly after publication is essential.
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, letter of consent, or limitation of goods — before OEPM issues a decision.
OEPM charges an official fee to file the notice of opposition, and professional fees vary with the complexity of the evidence and arguments required — Brealant quotes each stage separately.
Proof of your earlier registration or application, and where that earlier mark is over five years old, evidence of its genuine use if the applicant requests it.
Yes, an earlier EU Trade Mark or an international registration under the Madrid System designating Spain or the EU can both form the basis of an opposition before OEPM.
Yes, either party can appeal an adverse OEPM decision, first through an administrative appeal and ultimately to the courts if needed.
OEPM still examines the merits on the evidence filed; a lack of response doesn't automatically mean the opposition succeeds, but it does mean no counter-arguments are on record.
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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