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If the trademark is met with an opposition in one class and ultimately fails to be registered, would that mean that the whole application fails and the trademark is not registered in the other classes as well?

Written by Jan Buza

Co-founder of Trama

No. An opposition is class-specific. If an opposition succeeds in one class, only that class is refused; the remaining classes proceed through the registration process independently.

For example, if an application covers Classes 9 and 25 and an opposition succeeds in Class 9, the application continues through examination and publication in Class 25. The applicant receives a registration certificate covering Class 25 only, with Class 9 refused.

This is one reason why filing in multiple classes; when they reflect genuine commercial activity; is advisable: a problem in one class does not invalidate the entire application.

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