An opposition will generally speaking be raised by those who have earlier registered or unregistered rights. In the main, oppositions are raised by those who have earlier registered trade mark rights.

Unfortunately, if an opposition is raised against your proposed trade mark, it will substantially delay the application process and you will be required to enter into opposition proceedings. The burden of proof will be on the opponent to show that the marks are confusingly similar. However, you are advised to ensure that you keep all documentation which is associated with the sales, marketing and advertising expenditure as well as evidence of first use, in the event that an opposition is raised against your proposed trade mark.

Opposition proceedings vary depending on the facts and circumstances of each case. Should an opposition be raised against your proposed trade mark application, it is advisable that you contact a trade mark attorney or solicitor to handle the opposition proceedings.