Can my competition oppose the registration even if they do not own a trademark?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes. In most jurisdictions, opposition is not limited to registered trademark holders. Any party with a real and legitimate interest can file an opposition on applicable grounds.

On absolute grounds; such as the mark being descriptive, generic, deceptive, or contrary to public policy; any party can raise an opposition, since these grounds are about the mark itself rather than the opponent's earlier rights. Geographical indication authorities, consumer protection bodies, and in some jurisdictions members of the public have filed oppositions successfully on these grounds.

In first-to-use jurisdictions like the US, a party with prior unregistered commercial use of the same or similar mark can also oppose a later application based on those prior use rights.

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