- The Trademark Opposition Process
Considering that a trademark registration grants you exclusive rights extending throughout the country, the opposition process provides a critical opportunity for members of the public to come forward and put in their two cents about your application for registration. This process allows for a review of the Trade-marks Office's initial decision to approve your application and for opponents to put forth evidence, such as the existence of an unregistered trademark or a tradename with priority, that was not available to the Trade-marks Office when it made its decision. Anyone can oppose your trademark application, not just owners of a competing trademark or tradename, as long as there is an acceptable ground for the Trade-marks Office to deny your application.
The opposition process can be costly and lengthy. If your application is opposed during the advertisement period, it is important to fully consider your options and decide whether it is worth defending the opposition through to the end. Often compared to a litigation proceeding, the opposition process starts with the filing of pleadings, continues with the submission of evidence and written arguments, may include cross-examinations and an oral hearing, and ends with a decision of the Opposition Board, which may be appealed to the Federal Court.
AN OVERVIEW OF THE OPPOSITION PROCESS
OPPONENT
APPLICANT
Statement of opposition filed
Affidavit evidence submitted
Cross-examination on applicant's evidence (optional)
Reply evidence submitted (optional)
Written Arguments
Oral Arguments (optional)
Counterstatement filed
Cross-examination on opponent's evidence (optional)
Affidavit evidence submitted
Cross-examination on opponent's reply evidence (optional)
Written Arguments
Oral Arguments (optional)
DECISION BY OPPOSITION BOARD