Opposing a pending application
Applications that pass examination are published so that third parties can object before registration. If you discover a pending application that conflicts with your earlier rights, an opposition is usually the most efficient way to stop it. Oppositions are subject to deadlines, so the moment you become aware of a conflicting application you should ask us to assess it.
An effective opposition explains clearly why the marks and the goods or services are similar enough to confuse consumers, or why the application should be refused on other grounds such as bad faith. We prepare the arguments and the supporting evidence and represent you throughout the proceedings.
Cancelling a registration
If the conflicting mark is already registered, other routes may be available, for example a cancellation action. Possible grounds can include your own earlier rights, the bad faith of the registrant, or the fact that the mark has not been used. Which grounds apply depends on the facts, and we assess them with you before recommending a course of action.
- Review of the conflicting mark and its history
- Assessment of the available grounds and the evidence you hold
- Negotiation with the other party where a settlement is realistic
- Preparation and conduct of the opposition or cancellation action
Defending your mark
Sometimes the challenge runs the other way, and your own application or registration is opposed or attacked. We review the arguments against you, gather evidence of your rights and use, and prepare a focused response. Where it serves your interests, we also explore coexistence or other negotiated solutions.
Start with the facts
To assess a dispute we need to see both marks, the goods and services involved, the relevant dates and any evidence of your own use or reputation. Send us what you have and we will tell you plainly whether the case is worth pursuing.
Questions clients ask
How quickly must I act against a published application?
Opposition periods are short and deadlines are strict. Contact us as soon as you see a conflicting publication so that we can assess it within the time allowed.
Can a dispute be settled without proceedings?
Often, yes. Many conflicts end in a negotiated coexistence agreement or a change to the other party's specification. We consider settlement options alongside formal action.
What if someone registered my brand before I entered Iran?
This happens, particularly with distributors or agents. Depending on the facts there may be grounds to challenge the registration. We review the history and advise on the strongest route.