How to oppose or defend a trade mark application in the EU

If you have invested in a trade mark for your brand anywhere in Europe, then you will want to maximise its power and ensure that potential competitors do not infringe your valuable intellectual property to take advantage with their marketing initiatives.

Careful brand owners protect their brand by setting up an EU trade mark watching service. This will alert them if anyone applies to register a trade mark which might be similar in the EU. They can then choose whether to object to the application.

If you are applying for a trade mark, you might receive an objection which you do not believe is valid. If so, you may wish to defend your application, rather than have to develop a new brand.

In either circumstance, it is advisable to consult an experienced European trade mark attorney to argue for your position.

James Cornish, at Page White and Farrer, has created this handy flow chart for brand owners to explain how to oppose or defend a trade mark application in the EU.

Click on the image below.


Click here for a similar flow chart relating to trade marks in the UK.

For more information about defending or opposing a trade mark application in the EU, please contact James Cornish on 020 7831 7929 or email


This briefing is for general information purposes only and should not be used as a substitute for legal advice relating to your particular circumstances. We can discuss specific issues and facts on an individual basis and answer any questions you receive from others about Brexit. Please note that the law may have changed since the day this was first published in September 2017

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