Opposition period

Illustrative example; names are placeholders and the facts are invented. Company A owns an EU trade mark for cosmetics. The EUIPO publishes an EU application for MARK B covering skincare products, filed by an unrelated company. Under EUTMR Art. 46(1), Company A has three months from publication to give notice of opposition, and the opposition is not duly entered until the fee is paid (Art. 46(3)). If the applicant asks, Company A must prove genuine use of its earlier mark, provided that mark had been registered for at least five years (Art. 47(2)). If the window passes unused, Company A would need a separate application for a declaration of invalidity under Art. 60. Your counsel confirms the exact last day on the office record.

EU. Three months from publication of the EU application. Opponents include proprietors of earlier marks and licensees they authorise. Opposition happens before registration. (EUTMR (Regulation (EU) 2017/1001) Art. 46(1), (3))

UK. Two months from publication of the application. Filing Form TM7A (notice of threatened opposition) before the two months end extends the period to three months from publication. Opposition happens before registration. (Trade Marks Act 1994 s.38(2); Trade Marks Rules 2008 r.17)

US. 30 days from publication, open to any person who believes they would be damaged. A first 30-day extension is granted on request; further extensions need good cause or the applicant's consent. The period can never go beyond 180 days from publication. (15 U.S.C. §1063(a); 37 CFR 2.102(c))

Switzerland. Three months from publication of the registration, so opposition comes after the mark is already on the register. Only the owner of an earlier mark may oppose, and only on Art. 3(1) grounds. The fee is due within the same three months. (MSchG (SR 232.11) Art. 31(1)-(2))