Opposing a published trademark: do not miss the two-month deadline

Hundreds of trademark applications are published in the Official Trademark Bulletin every month. If one of them is similar to your trademark, you may oppose it within two months of the publication date (Industrial Property Law No. 6769 (SMK), Art. 18). This deadline is strict; it cannot be extended.

Who can oppose? Owners of earlier trademarks, those who can prove use of an unregistered trademark in the course of trade with more than merely local significance, and the other right holders listed in the law.

What can an opposition be based on? The most common ground is likelihood of confusion: the similarity of the signs and whether the goods/services are identical or similar are assessed together. Protection is broader for well-known trademarks.

What happens if you miss the deadline? Once the trademark has been registered, the only option is to resort to judicial remedies such as an invalidation action. This route is longer, more costly and its outcome is less certain.

This is why businesses with valuable trademarks have the bulletin monitored regularly. Being informed when a similar application appears allows you to make comfortable use of the two-month period.