Trademark Opposition
A trademark opposition is a challenge filed by a third party after your mark is advertised in the Trade Marks Journal, via Form TM-O. It is the longest branch of the prosecution chain, often 2–3 years.
Anyone may oppose within 4 months from advertisement in the Trade Marks Journal. If opposed, you must file a counter-statement within 2 months — no extension — this deadline cannot be extended, and missing it means the application is deemed abandoned.
What's Included
- Counter-statement drafting and filing.
- Support through the evidence stages.
- Representation at the opposition hearing.
Trademark Opposition — Step by Step
Notice of opposition filed
A third party files TM-O within the opposition window.
Deadline: 4 months from advertisement in the Trade Marks Journal
Counter-statement
You must respond addressing each ground raised.
Deadline: 2 months — no extension — no extension
Evidence stages
Both sides file evidence in support of their position.
Hearing & decision
The Registrar hears both sides and decides whether the mark proceeds to registration.
Trademark Opposition — Common Questions
What if I miss the counter-statement deadline?
The deadline is 2 months — no extension with no extension available — missing it means the application is deemed abandoned.
How long does an opposition take?
Opposition is the longest branch of the prosecution chain, often 2–3 years, since it involves multiple evidence stages and a hearing.
Get Help Defending Your Opposition
Tell us a bit about what you need — we'll respond within 1 business day.