6. What is the procedure for a third party to oppose a trademark application?

6. What is the procedure for a third party to oppose a trademark application?

In general, a trade mark opposition can take around 2½ to 3½ years from filing the opposition to reach the hearing stage.  In short, the process is as follows:

1. The opponent files a notice of opposition to the Registry and sends a copy to the applicant.
2. The applicant may file and serve a counter-statement to the Registry and the opponent within 3 months (if not extended) after the date on which he receives a copy of the notice of opposition.
3. Filing of evidence:
   1. The opponent may file and serve evidence in support of his opposition within 6 months (if not extended) after the date on which he receives the copy of the counter-statement.
   2. The applicant may file and serve evidence in support of his application within 6 months (if not extended) after the date on which he receives the copy of the opponent’s evidence.
   3. If the applicant files evidence, the opponent may file and serve evidence in reply within 6 months (if not extended) after the date on which he receives the copy of the applicant’s evidence.
4. The Registrar will fix a hearing whereupon parties can attend in person and/or by representation. 
5. The Registrar issues his decision.  In general, the successful party will get costs. 
6. Either party may appeal against the decision.