Statistically, 20% of EU Trademark Applications filed with the EUIPO are opposed. That means you've filed your application, it has been deemed acceptable on its' face by the EUIPO and published (hurray!). Then, within three months of the date of publication, some 3rd party has said "I don't want them to have that trademark" and filed an opposition (boo!).
This is one of the reasons that you should consult a trademark agent before filing a trademark application. A well drafted application may save you time and money in dealing with unnecessary oppositions which could be avoided. If an opposition runs the full course, and either party drags its heels, it could be 18-24 months before a decision on whether you have your trademark or not. Not ideal.
Sometimes it's worth consulting a trademark agent with your proposed trademark application, so they can save you a lot of time and money by telling you "Don't bother applying for that, you will never get it". I regularly tell clients that, and then we come up with a solution, such as applying for a device (logo) mark instead of a word mark, or narrowing the scope of their application.
Just for fun, here's four EU trademark applications that were opposed last week. See if you can guess what person/company filed the oppositions. The answers are at the bottom. Good luck.
Application for: Dietary and nutritional supplements.
Application for: "Lubricants and industrial greases, waxes and fluids; Dust controlling compositions; Electrical energy; Fuels and illuminants."
- Computer games programmes downloaded via the internet [software]; Games software; Software; Betting software; Electronic publications, downloadable; Computer game software for use with on-line interactive games; Computer software that permits games to be played; Computer game software for use on mobile and cellular phones; Computer software for the administration of on-line games and gaming; Databases.
- Games; Electronic games.
- Data streaming; Providing access to gambling and gaming websites on the internet.
- Interactive entertainment services; Provision of entertainment information via the Internet; Providing entertainment information; Sporting and recreational activities; Poker game services; Gambling services; Internet games (non-downloadable); Organization of electronic game competitions; Electronic game services and competitions provided by means of the internet; Providing a computer game that may be accessed by users on a global network and/or the internet; Providing digital sound recordings, not downloadable, from the internet; On-line casino services; Casino, gaming and gambling services.
- Video game software development; Programming of video game software; Video game software design; Programming of computer game software; Design of computer game software; Development of computer game software; Design and development of video game software; Computer system design; Designing and developing webpages on the internet; Illustration services (design); Graphic arts design; Computer design services; Maintenance of data bases; Hosting of databases.
- Vehicles and conveyances; Parts and fittings for vehicles.
- Wholesale services in relation to vehicles; Retail services in relation to vehicles; Advertising, marketing and promotional services; Business analysis, research and information services; Product demonstrations and product display services; Merchandising; Advertising services relating to the sale of motor vehicles; Advertising services relating to the motor vehicle industry.
- Hire-purchase financing; Arranging of lease agreements; Automobile lease-purchase financing.
- Vehicle tuning; Vehicle maintenance; Maintenance, servicing and repair of vehicles.
- Rental of garages and parking places; Driving services; Storage of parts for motor vehicles; Storage; Vehicle breakdown towing services; Towing of vehicles; Storage of vehicles; Transportation of vehicles; Automobile vehicle renting services; Transport services.
1. CBS Studios on the basis of their trademarks for, well, Star Trek (Duh);
2. Bridgestone Corporation on the basis of their various trademarks for Bridgestone;
3. Curveball! How many of you thought this might be Dreamworks on the basis of Monster's Inc? Actually, it's Monster Energy drink that have opposed this. They more or less oppose anything with the word 'Monster' in it, as far as I can see; and
4. Yes, Ferrari. The world famous car company with the headquarters at maranello
Statistically, 20% of EU Trademark Applications filed with the EUIPO are opposed.