After an application has been published in the Trade-marks Journal, any person who thinks they have a good reason can ‘oppose’ it. They must do so within two months of the publication date. They file a legal document called a Statement of Opposition which sets out the grounds of their opposition. The applicant must then file a Counterstatement. This is followed by the filing of evidence and other documents.

The Opposition process is a complicated quasi-legal process, and it is strongly recommended by CIPO that an experienced registered trademark agent be hired, whether you are opposing or defending the trademark application. The procedure can take several years, and even after the Trademark Opposition Board makes its decision, it can be appealed to the Federal Court.

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