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File an opposition

An opposition can be lodged by a natural or legal person alike. The person/party who files an opposition is referred to as the opponent.

If you have an older trademark right, then you may base your opposition on these grounds. An older trademark right refers to the filing or (accelerated) registration of a Benelux, an EU or an International trademark (protected in the Benelux) or a well-known trademark (within the meaning of the Paris Convention).

If you are a licensee you may file an opposition if the trademark holder has granted you permission to do so.

The legal basis for the opposition is laid down by law: opposition can be filed against a more recent trademark in the following cases:

  1. identical trademarks filed for the same goods or services
  2. identical or similar trademarks filed for the same or similar goods or services, where there exists a likelihood of confusion on the part of the public
  3. if the newer trademark can cause confusion with a well-known trademark within the meaning of Article 6b of the Paris Convention.

An opposition must meet the minimum requirements.