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Trademark opposition proceeding

Trademark opposition proceeding

Letslaw is your ally to protect your trademark. We have a team of lawyers specialized in handling Spanish, European and international trademark opposition proceedings, offering you comprehensive advice to safeguard your industrial property rights.

But… what is a trademark opposition?

An opposition to trademark registration is a legal procedure that allows a person or company to request the Industrial and Intellectual Property Office to refuse the registration of a new trademark that infringes their rights over an existing trademark.

Why should you file an opposition to a trademark registration?

Why is it important for me to respond if I receive an opposition to my registration?

  • Protect your trademark: prevent third parties from using similar or identical trademarks to yours, which could generate confusion in the market and damage your reputation.
  • Avoid legal disputes: act proactively to avoid future litigation and protect your investments.
  • Guarantee exclusivity: secure your right to use your brand exclusively in the markets where you operate.

Phases of a trademark opposition process

  1. Filing of the opposition: a trademark opposition lawyer files a brief with the Patent and Trademark Office, arguing the reasons why the trademark applied for is considered to infringe your rights.
  2. Admissibility examination: the office examines whether the opposition complies with the formal requirements and whether it has been filed within the established time limit.
  3. Cooling-off period: a period in which the parties are encouraged to negotiate and reach an amicable agreement.
  4. Adversarial phase: if an agreement is not reached, the adversarial phase begins, in which both parties present their allegations and demonstrations.
  5. Resolution: the office issues a decision accepting or rejecting the opposition.
  6. Appeal: an appeal may be lodged against the decision before the higher instance.

Our services

From Letslaw, our expert trademark opposition lawyers will carry out the following services:

  • Personalized advice: we analyze your case in depth and offer you a tailored strategy to defend your interests.
  • Drafting of briefs: we prepare solid and forceful opposition briefs, supported by legal arguments and solid demonstrations.
  • Representation in the proceedings: we represent you at all stages of the proceedings, from the filing of the opposition to the final decision.
  • Negotiation of agreements: we advise you in the negotiation of possible agreements with the other party during the cooling-off period.
  • Appeal: if the resolution is not favorable, we represent you in the appeal to the higher instance.

Why should you choose Letslaw?

  • Experience: we are specialized lawyers in Spanish, European and international trademark oppositions.
  • Knowledge: we master the national and international regulations on trademarks and patents.
  • Results: our goal is to protect your rights and guarantee the success of your business.

If you detect a trademark infringing your rights, do not hesitate to contact Letslaw!

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