News

Jan 2026

Trademark registration – someone filed objections against your trademark, what now?

Every brand has its value, associated with reputation, customer trust, and recognition. To fully protect it, the owner must do more than just use the logo or name. Formal confirmation of this protection through trademark registration is also important.

You can register a trademark at various levels:

National Trademark: is registered at the Industrial Property Office of the specific country (e.g. in Slovakia, this is the Industrial Property Office of the Slovak Republic - IPO SR, which also maintains the trademark register) – protects the registered designation (your brand, name, or logo) only within that country's territory.
European Union Trademark (EU TM): one application, one registration, protection in all 27 EU member states. The registration of that trademark is carried out and the trademark register of the EU TM is managed by the European Union Intellectual Property Office (EUIPO).
International Trademark: allows expanding trademark protection to multiple countries simultaneously through the World Intellectual Property Organization (WIPO). Importantly, you must already own a national or EU TM trademark.

If you want to know more information about trademarks, the types, and the registration process, click the appropriate item:

In this article, we look at how registration proceeds and what happens if someone files an objection against your application. For the purposes of this article, we chose the EU-level application, as the European trademark is increasingly popular among entrepreneurs who also operate outside Slovakia or plan to expand, or want to prepare the company for sale or the entry of a strategic investor into it.

Why address the trademark at EU level?

If you do business not only in Slovakia but also in other European countries (even just one EU country other than the Slovak Republic suffices), or plan entrepreneurial expansion to foreign markets in the future, registration or a European trademark can be much more practical for you than national registration.

By registering at the European Union level, you gain protection in all 27 EU member states. You do not have to file separate applications in each country or pay fees separately. This means less administration, lower costs, and broader legal certainty within the defined territory of operation.

At the same time, this solution is suitable not only for large brands but also for smaller entrepreneurs: e-shops, startups, or family businesses selling abroad or cooperating with partners in other countries.

An advantage is also that the EU trademark has a unitary effect, meaning that if registered, it applies automatically in all member countries. On the other hand, if there is a problem with it (e.g., an objection in one country), it affects the entire registration, so it is good to be prepared for such situations.

How does trademark registration in the EU proceed?

European trademark registration process is not complicated, but it is worth knowing what to expect to avoid unnecessary mistakes or delays. Due to the complexity of the steps you must take to verify the registrability of the designation as a trademark, we recommend being professionally represented.

Filing the application

The application is filed directly with EUIPO, usually electronically. A trademark application must include mainly the identification of the applicant, depiction of the designation to form the trademark (word, logo, but also sound or hologram), and a list of goods and services for which protection is sought.

After filing, the relevant fees must be paid. If the SME FUND grant scheme is open and you qualify for it, we recommend applying for it.

Formal and substantive examination

Formal examination: EUIPO checks whether the application meets all formal requirements.
Substantive examination: The Office examines whether there are so-called absolute grounds for refusal. This includes cases where the designation is descriptive (e.g., "SWEET" for sugar), generic, or contrary to public order, as well as whether the designation may even form a trademark.

However, EUIPO does not automatically examine whether an earlier trademark owned by someone else or a similar trademark to your designation in the application already exists.

What does this mean? Two factual points:

it is up to the owner of the earlier trademark, which is identical or similar to the designation whose registration is requested, to file objections.
it is up to to the trademark applicant. You should verify (ideally before filing the application through a search) whether someone already has a similar trademark to avoid (ideally) objections against the application.

More about trademark searches can be read here in the section Search of registered trademarks: Is your brand still available?

Publication of the application

If everything is in order and the application passes the examination described above, EUIPO will publish it in the EU Trademark Bulletin after paying the fee.

Opposition proceedings

After publication, the period begins to run a three-month period, during which owners of older trademarks as well as anyone who can prove a legitimate interest may file oppositions against the registration. If oppositions are filed, EUIPO conducts proceedings to decide whether the application is rejected or whether the oppositions are dismissed and the registration proceeds.

Registration and publication

If no oppositions are filed within the period or if the oppositions are dismissed, EUIPO registers the trademark in the register. The owner is issued a certificate of registration and the registration is published. The registered trademark provides protection throughout the territory of the European Union.

Validity and renewal

The European trademark is valid for 10 years and can be renewed repeatedly, each time for another ten years. You only need to file a simple application and pay a renewal fee – the mark can thus “live” under trademark protection practically indefinitely.

What happens when someone files an opposition?

Filing an opposition is a common part of the trademark registration process at the EU level. It means that another person, usually the owner of an earlier trademark, believes that the new application and the designation in it are confusingly similar to their mark or could threaten their rights – typically because the given designation is identical or similar. Oppositions are filed directly with EUIPO within a three-month period from the date of publication of the trademark application in the EU Trademarks Bulletin.

After the opposition is filed, the office first formally checks whether the opposition was filed on time and whether the opposition fee was paid (the office does not request payment). The office assesses the absolute grounds for admissibility – if these are not met, the opposition is rejected without further examination. If the opposition is formally in order, EUIPO informs the applicant about it.

This is followed by a period of a reflection period (also known as cool-off period), during which both parties have the opportunity to reach a settlement (meaning the opponent's objections to the trademark application against the applicant's designation in the application), for example by limiting the list of goods and services or by concluding an agreement. The reflection period may be extended if the parties agree to continue negotiations.

If no agreement is reached, formal proceedings continue. Each party has the opportunity to submit statements, evidence of use of the earlier mark, search results, or expert opinions. Everything is conducted in writing through the EUIPO electronic system.

The office then evaluates all arguments and can effectively:

uphold the opposition: in this case, the application is rejected entirely or only for some goods and services,
dismiss the opposition: and the application proceeds to the registration phase.

An appeal can be lodged against the decision to the EUIPO Board of Appeal, and subsequently to the Court of Justice of the European Union if necessary. Therefore, filing an opposition should not be underestimated. It is legally binding proceedings that can influence whether your mark will be registered and protected throughout the EU. Professional preparation and representation by the law firm SKYLEX can significantly increase your chances of success, whether you are in the position of trademark applicant, or as opposition filer.

How to handle oppositions and why it pays to have experts by your side

To prepare for opposition proceedings, it is worth thinking about prevention even before filing the application. The key is to let us conduct a thoroughsearch of existing trademarks and designations so that you can know in advance whether someone is already using the same or a similar designation for the same or related goods and services and in which territory.

Equally important is the correct definition of the list of goods and services; the more precise and realistic it is, the lower the risk of conflict with other marks. It also helps if the designation is sufficiently original and distinctive, because names that are too general or descriptive have little chance of registration and more easily become targets of oppositions.

In sectors where marks are often similar, such as fashion, cosmetics, or technology, it is therefore wise to consult the application proposal with an expert who can detect risks early and suggest adjustments before filing.

However, even with all the preparation, if EUIPO upholds the opposition and your application is rejected, this is not the final obstacle. It is possible to appeal the decision. If you do not succeed there either, there is still the possibility to turn to the Court of Justice of the European Union. In many cases, entrepreneurs choose a more pragmatic solution, modifying the mark’s appearance, changing the list of goods, or creating a new version of the logo. Such an approach is usually faster, financially acceptable, less demanding, and often leads to successful registration of a new designation without a long dispute.

From practice, several typical situations can be cited. For example, if you wanted to register the designation “COFFYLO” for coffee and there is already an older mark “COFFILO” for the same goods, EUIPO would most likely recognize these as confusingly similar designations, and an opposition to the application and trademark registration would be successful. However, if the same designation “COFFYLO” were intended for clothing, while the older mark protects coffee, the likelihood of confusion would be minimal.

Every trademark dispute is unique, and success depends on details, from the degree of similarity of the designation, through the nature of the goods, to the quality of evidence and arguments. Therefore, it is important to have an experienced representative, who knows EUIPO practice and can strategically manage the whole process.

Registering a trademark at the EU level is an investment in the stability and credibility of the brand. At the same time, it is a legal process where even a small mistake or delay can have serious consequences. If you want to be sure that everything proceeds without complications, it pays to entrust the entire procedure to professionals.

If you are considering registering a trademark at the EU level, contact us and we will take care of the entire process from the initial analysis to a successful registration, so your brand can safely grow across the entire European Union. Protect what is yours!

JUDr. Zuzana Skýpalová: skypalova@skylex.sk

Or book a consultation at https://cal.com/skylex

Article authors: JUDr. Zuzana Skýpalová, Bc. Mária Baničová

Online consultation