"Opposed" — Trademark Status Meaning
The status "Opposed" means a third party has filed a Notice of Opposition against your trademark during the journal publication window. To keep your application alive you must file a counter-statement, generally within two months, and then contest the opposition with evidence. Ignoring it leads to abandonment.
"Opposed" means someone has formally challenged your trademark after it was advertised. It is an adversarial proceeding, but a very defensible one — many oppositions are settled or decided in the applicant's favour. The key is to respond within the deadline and defend the mark properly.
What does "Opposed" mean?
After a mark is advertised in the Trade Marks Journal, any person may file a Notice of Opposition within four months, arguing that the mark should not be registered — typically because it is similar to their earlier mark, is non-distinctive, or was filed in bad faith. When that happens, your status changes to "Opposed", and the matter becomes an inter-partes (two-party) proceeding before the Registry. It is essentially a mini-trial on paper: notice, counter-statement, evidence from both sides, and a hearing, ending in a decision on whether your mark can register.
How to defend an opposed trademark
Your first and most urgent step is to file a counter-statement in response to the Notice of Opposition, generally within two months. Failing to file it on time causes the application to be treated as abandoned — so this deadline is critical. After the counter-statement, both sides file evidence by way of affidavit (the opponent supports its grounds; you support your right to the mark with proof of use, distinctiveness, and distinctions from the opponent's mark). The Registry then holds a hearing and decides. Many oppositions also settle — through coexistence agreements, amended specifications, or withdrawal — so defending vigorously often creates room for a negotiated outcome.
What happens next
If you successfully defend the opposition, the mark proceeds to registration. If the opposition succeeds, the application is refused (a decision you may appeal). If you do not file the counter-statement in time, the application is deemed abandoned. Because opposition is a legal proceeding with strict timelines and evidentiary rules, applicants almost always defend it with a trademark attorney.
"Opposed" means your trademark is being formally challenged — but it is far from lost. File your counter-statement within the deadline (usually two months), marshal your evidence of use and distinctiveness, and defend the mark. Many oppositions are won or settled; the fatal mistake is missing the counter-statement deadline.
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Frequently Asked Questions
You must file a counter-statement responding to the Notice of Opposition, generally within two months. The matter then proceeds through evidence affidavits from both parties and a hearing, after which the Registry decides whether your mark can be registered.
The counter-statement must be filed within the prescribed period — generally two months from receipt of the Notice of Opposition. Missing this deadline causes the application to be treated as abandoned, so it is critical to respond on time.
Yes. Many oppositions are decided in the applicant's favour or settled through coexistence agreements or amended specifications. Success depends on filing the counter-statement on time and presenting strong evidence of use and distinctiveness.
An objection is raised by the Registry's examiner during examination (before publication). An opposition is raised by a third party after the mark is advertised in the Journal. Both must be answered within deadlines, but they occur at different stages and involve different procedures.
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