After an application has been published in the Trademarks Journal, any person can ‘oppose’ its registration. This must be done within two months of the publication date. A legal document called a Statement of Opposition must be filed. This sets out the grounds of the opposition. The applicant must then file a Counterstatement. This is followed by the filing of evidence and other documents.
The Opposition process is a complicated legal process, and it is strongly recommended by CIPO that an experienced registered trademark agent be hired, whether you are opposing or defending the trademark application. The Opposition process can take several years and is overseen by the Trademark Opposition Board.
