Trademark opposition process time and costs by country (2026 update)

A trademark opposition is a legal challenge filed by a third party against a pending trademark application. After an application is approved by the trademark office and published, there is a window during which any party who believes the registration would harm them can file an opposition. If successful, the opposed trademark will not proceed to registration.

In the UK, trademark opposition proceedings are handled by the Intellectual Property Office (IPO). Once a trademark application is published, third parties have the opportunity to oppose it within a set period. The process can be resolved early through a preliminary indication, or it can escalate into a full contested hearing with evidence and oral arguments.

An opposition that goes no further than the preliminary indication typically takes around 7 months. A full procedure, including evidence rounds and a hearing, can take 2 to 3 years. There is also the possibility of appeal, which will extend proceedings further.

In addition to official fees, the losing party is typically required to bear the other side's legal costs, which can run into thousands of pounds.

Trademark oppositions in the EU are filed with the European Union Intellectual Property Office (EUIPO). Once a mark is published, eligible parties can file an opposition. The process begins with a mandatory cooling-off period intended to encourage settlement before adversarial proceedings begin.

Opposition proceedings begin two months after both parties are notified of the opposition. A cooling-off period of two months follows, giving both sides an opportunity to reach an agreement and avoid a full hearing. This period can be extended by mutual consent, up to a total of 24 months. If no resolution is reached, the case moves to the adversarial stage, where both sides submit arguments and evidence.

Additional legal representation costs can bring the total significantly higher.

In the US, trademark oppositions are handled by the Trademark Trial and Appeal Board (TTAB), and the process closely resembles a civil trial. After a trademark application is approved and published in the Official Gazette, any party who believes they would be damaged by the registration has 30 days to file a Notice of Opposition. Extensions are available upon request.

Trademark oppositions in China are administered by the China National Intellectual Property Administration (CNIPA). China has one of the highest volumes of trademark filings and disputes in the world, driven by its first-to-file system and the scale of its domestic market. The CNIPA has made significant progress in improving consistency in decision-making, and courts have shifted toward a more conservative, stricter standard when reviewing appeals of CNIPA decisions.

The average review time for an opposition is 11 months, with a ruling typically issued within 12 to 18 months from the date of filing.

Trademark opposition procedures differ significantly in cost, timeline, and complexity depending on jurisdiction. For businesses with international brand protection strategies, understanding these differences, and budgeting accordingly, is critical.

For advice on your specific situation, book a free consultation with a trademark professional in order to go over the details and potential resolution options.