Registry · Opposition
EUIPO opposition — deadline and procedure.
EUIPO · 3 months
€ 320 fee
Holders of earlier trademark rights can challenge the registration of a later application before the EUIPO. The deadline is three months from publication. This pillar explains the deadline, fee, procedure and duration.
Deadline and fee (EUIPO 2024)
| Element | Value |
|---|---|
| Deadline | 3 months from publication of the application in the EU Trademark Bulletin |
| Fee | € 320 |
| Extension of deadline | not possible |
| Procedural languages | one of the five EUIPO languages (DE, EN, FR, IT, ES) |
What is an opposition
Procedure before the EUIPO in which holders of earlier trademark rights challenge the registration of a later EU trademark application.
Source: Art. 46 EU TMR.
Who can file an opposition
- Holders of earlier registered marks (EUTM, national EU marks, Madrid marks with EU designation, Swiss marks).
- Holders of well-known marks within the meaning of Art. 6bis Paris Convention.
- Holders of certain unregistered signs with more than local significance.
- Licensees with the consent of the trademark owner.
Procedural phases
- Notice of opposition. File the notice of opposition with grounds and evidence.
- Cooling-off period. Two months, extendable automatically up to 24 months, during which the parties can settle amicably.
- Adversarial proceedings. Exchange of pleadings and, where appropriate, taking of evidence.
- Decision. Decision by the EUIPO Opposition Division.
Possible outcomes
- Opposition succeeds — application is refused in whole or in part.
- Opposition fails — application proceeds to registration.
- Settlement during the cooling-off period — typically a coexistence agreement or restricted class list.
- Withdrawal by one of the parties.
Duration
- With settlement: 6–12 months.
- Without settlement, with decision: 12–24 months.
- With appeal against the decision: an additional 12–18 months.