Once a trademark application is accepted, it will be published for a period of 2 months. During this publication period, any person may oppose the trademark application by filing a Notice of Opposition.

If you are a registered proprietor of a trademark or a common law first user of a trademark, it is important to regularly monitor published applications. This provides an early opportunity to stop a trademark that is identical or confusingly similar to your trademark or existing rights from proceeding to registration.

Opposition proceedings involve a structured exchange of pleadings and evidence including:

• Notice of Opposition (filed by an opponent)
• Counterstatement (filed by an applicant)
• Evidence in Support of opposition or application (both parties)  
• Written submissions (filed by both parties)
• Issuance of decision

Each stage requires careful preparation of legal arguments setting out the grounds of opposition, supporting evidence, and strict compliance with the prescribed mode of service and timelines.

At Huei Sze & Co, we take a considered and strategic approach to opposition proceedings. We journey alongside you from assessing the strength of your position to preparing submissions and evidence, so that you are well-prepared to navigate each stage of the proceedings with clarity and confidence.