Q：
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What is an opposition?
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A：
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The Trademark Office will publish the applications which are accepted for registration on the IP journal or local newspaper. The information of the trademark will be published and opened for opposition. Opponent may request opposition during a period of time (varies by country) if they are concerned about it.
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Q：
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How can I monitor the publication?
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A：
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You may request your IP agents provide the trademark watching services. However, services fees will be incurred. You may also monitor the Trademark Journal, Trademark Gazette, etc. in the countries that you are concerned about.
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When should I request an opposition?
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A：
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A Notice of Opposition must be filed within a period (mostly within 30 days – 3 months varies on countries), calculated from the date on which the application is published.
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Q：
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Can I request an opposition if I do not have any trademark registration in that country?
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A：
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Yes, the law provides that “any” person who concerns about the trademark application may file an opposition to the Trademark Office.
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Q：
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What is the requirement for filing an opposition?
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It depends on different countries. Normally, a statement of the grounds of opposition and the prescribed fee are required. The opponent may ready evidence in support of the opposition. For example, the relationship between the applicant and opponent (the applicant is the client or the factory of the opponent, etc), evidence of Actual Use in the local country.
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Q：
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Does it mean I have trademark protection after I win the opposition?
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A：
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No, it only means that the application has been abandoned. Therefore, you still need to apply the mark and have it examined by the Trademark, and get registered (as a normal application process) if you would like to get protection.
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Q：
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What are the procedures for an opposition？
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A：
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Here are the procedures for Hong Kong opposition:
Opponent files an opposition → Applicant files counter-statement → Opponent files evidence → Applicant files evidence or statement of not intend to file evidence → Opponent files evidence in reply (in case of applicant files evidence) → Registrar raises a hearing (both parties can apply for attention) → Registrar makes a decision
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Q：
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What kind of grounds could be raised for opposition?
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A：
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Any person believes that the published trademark is against the Trademark law that can be the ground of opposition.
A usual ground of opposition is that the published trademark is similar to your unregistered trademark. It is advisable for the opponent that should seek advice from a solicitor or trademark agent before filing the opposition.
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FAQ
