Here, you will learn about trademark opposition and how to deal with it whether you are the opposer or respondent-applicant. A trademark apposition is a contested proceeding or a formal objection by another party against the registration of a trademark application. Any trademark application can be opposed during its 30 days publication period. Parties can file an opposition if they believe that your application can damage their trademark. 

Here are some of the usual grounds for oppositions:

1. The trademark application is Identical or confusingly similar to a trademark that is well-known internationally and in the Philippines

2. The trademark application falsely suggests a connection with the Opposer

3. The opposer believes that the registration of a trademark will do harm to his or her trademark

The opposer must pay the required opposition fees and submit a verified notice of the opposition during the 30 days publication period. A one-time extension of 45 days can be filed by the opposer upon payment of the required fees. IPOPHL's Bureau of Legal Affairs (BLA) will review the Verified Notice of Opposition (VNO) and will issue a notice to the respondent-applicant to file a verified answer within 30 days from the date of the notice. The respondent-applicant can file a one-time extension of 45 days

If the response is timely filed, the case will be sent to alternative dispute resolution (ADR). The hearing/adjudication officer will make an order directing the preliminary conference if the case is not settled or dismissed through ADR. The hearing/adjudication officer shall make an order in open court following the conclusion of the preliminary conference, ordering the parties to submit their respective position papers within 10 days of the issuance of the order in open court. Within 60 days of the matter being declared submitted for determination, the hearing/adjudication officer must make a decision or final order.

What should you do if your trademark application has been opposed?

1.