Both published applications and decisions rendered by the TPI can be challenged by filing an opposition or appeal; furthermore, responses can be filed to oppositions or appeals filed by third parties. Countries with well-developed intellectual property registration systems provide the option of filing oppositions to applications while they are under consideration by registration authorities, as well as the possibility of appealing decisions regarding rights which have already been registered. The goal is to prevent unfair registrations and enable registration authorities to render accurate decisions.
Filing an opposition is the first step to counter an unfair application or inappropriate decision by a registration authority. A properly filed opposition can prevent a dispute from languishing in the courts and continuing for years. A correctly filed opposition is the first and most significant part of any dispute that may arise between the right owner, the applicant and the registration authority. However, it is important to note that since there are mechanisms intended to protect the content of the oppositions filed before the registration authority, an opposition procedure should be pursued according to a well-thought-out strategy. To protect against unfair registrations, it is crucial to determine exactly how an opposition should be filed.
It bears repeating that our firm acts with the awareness that an opposition is the first and most important phase of a dispute that can continue for years. We file comprehensive oppositions against the publication of trademarks, as well as against decisions of the TPI. Our trademark attorneys have extensive experience protecting intellectual property rights.