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Since 1866
and
2016
150 ans

Oppositions regarding trademarks

Opposing a trademark before the French Office (INPI)

You own a trademark filed or registered in France, and thanks to the watch of your trademark (link), you have become aware of a trademark application filed after yours in France by a third party.

Within a period of two months following the publication of this trademark application, you have the possibility of opposing it before the Office (INPI).

This administrative procedure allows presenting arguments before the Office in order to prove that the disputed trademark is too close to your own, both as regards the sign as well as the targeted products or services.

Our role is particularly to advise you regarding the chances of success, in choosing the jeopardised rights and to take care of the entire proceedings, which requires a certain level of technical competence before the Office.

It is possible to file an opposition on the basis of a prior trademark, the name of a territorial community, a geographical indication, an AOC, AOP or IGP.

If the opposition is deemed as justified by the examiner of the INPI, the disputed trademark application shall be rejected at registration.

The opposition procedure is therefore a relatively effective, non-expensive and rapid solution to end a dispute concerning a trademark when you are assisted by a consultant.

The intellectual property attorneys of BRANDON IP, benefiting from long experience in these procedures, are ready to assist you in this process.

Opposing a trademark before the EUIPO

If the trademark that you found is an EU trademark, the opposition must be filed before the European Office or the EUIPO.

You have 3 months from the publishing to file this opposition.

The procedure before the EUIPO is generally longer than that before the French Office, and is more expensive. However, opposition remains the easiest and most effective option for stopping the start of exploitation of a sign that is too close to your rights.

The intellectual property attorneys of BRANDON IP are all European attorneys and are able to advise you, just like in French procedures, and to represent you before the EUIPO.

Opposing a trademark before foreign Offices

The opposition procedure exists in many countries, with different terms and costs. BRANDON IP possesses a network of qualified partners across the globe, and can advise you alongside them to evaluate your chances of success and to block the trademark in question.

Defending your rights

It is also possible that your French, EU, international or foreign trademark is opposed by a third party. We are also your preferred contacts for defending you in this case, before the various Offices.

In brief, we are your partner to aid you in retaining and defending the scope of protection of your trademark, even after filing it.