Trademark opposition: protecting your name within 3 months of publication

Registering your trademark is half the work. The other half is making sure that no one else registers a mark that can be confused with yours. The main tool for this is opposition.

What opposition is

After a trademark application is published, holders of earlier rights can file an opposition, asking for the refusal of the mark that conflicts with their right. The office examines the conflict before the new mark is registered. Conflicts with earlier marks are raised mainly in this way, by the owners themselves – so it is in your interest to know what is being published.

The deadline: 3 months from publication

The deadline for opposition is 3 months from the publication of the mark you want to oppose. The deadline is not extended because you did not notice the application. Once the other mark is registered, the remedies that remain – such as an application for a declaration of invalidity – are usually more complicated.

Who can oppose

An opposition is filed by the holder of an earlier right – most commonly, the owner of a trademark registered or applied for earlier for identical or similar goods or services. Well-known marks enjoy broader protection, even beyond the goods they are known for, against uses that take unfair advantage of their reputation.

The opposition is prepared and filed by the representative, who knows the office's procedure and deadlines; you provide the evidence and information about your mark. For Kosovo trademarks, the opposition is filed with the Industrial Property Agency (KIPA), after publication in its bulletin; on the platform the steps are the same.

What the office assesses

The office compares two things:

1. How similar the signs are – in appearance, sound and meaning.
2. How similar the goods and services are – not just the class number, but also the market and the customers.

The more similar both are, the greater the risk that buyers will confuse them. Two examples:

• “Kola” exists for soft drinks and someone applies for “Koola” for the same drinks: high similarity and identical goods – a likelihood of confusion.
• You own “Teuta” for coffee and in the bulletin you see the application “Teuta Coffee” for coffee: file an opposition within the deadline, with the evidence for your mark.

How to spot a similar mark in time

Applications are published in the official bulletins of DPPI and KIPA, but following them by hand is tiring. On trademark.al:

• Monitoring compares your trademarks with the trademarks of Albania and Kosovo and with QKB and ARBK businesses. Every find is checked by TMA, and approved alerts are sent every morning, usually at 06:00, with the similarity percentage and the opposition deadline.
• Locked results: even for a trademark without monitoring, very strong finds (95% and above) are shown to you locked – you see how similar the find is, where it was found and the opposition deadline; the name, number and owner are revealed when you subscribe.

One-click opposition from the alert

Under “Alerts”, the “Oppose this application” button opens the opposition: you receive by e-mail a power of attorney for the case and a payment request at TMA's price. After payment, TMA takes the case over. Only the owner of the trademark can start an opposition from an alert. For a company with a similar name there is no opposition before the trademark office – the alert informs you.

When someone opposes your trademark

If your application is opposed, the office notifies the representative. They record the opposition on the mark's page, with the date of the notification and the deadline for the reply; the mark gets the status “Opposed” and the opposition procedure is opened, which the client pays for. After payment, the representative proceeds with the reply and you are notified of every change. For your part, send the documents and information you are asked for on time: a delay can mean a legal deadline is missed.

What happens after the opposition

The office examines the arguments and evidence of both parties and decides. The opposition can be upheld, partly upheld – e.g. only for some of the goods – or rejected. On trademark.al, every status change in the procedure reaches you as a notification. The office's decision can be appealed to the Board of Appeal; this too is a service you request under “Services”.

Mistakes that weaken an opposition

• Waiting until the last days of the 3-month deadline, when gathering evidence becomes rushed.
• Relying only on the company name. A name registered only in the business register is not a registered trademark; the strongest basis for an opposition is an earlier trademark.
• Forgetting the goods. Two similar signs for completely unrelated goods rarely create a likelihood of confusion; argue why the markets meet.
• Lack of evidence. Without invoices, catalogues or dated materials, it is harder to show the use or the reputation of your trademark.

How to prepare a strong opposition

• The earlier right: the number and date of your trademark, its classes and goods.
• The comparison: why the signs are similar and why the goods are the same or close.
• Evidence of use and reputation: invoices, catalogues, advertisements and dated web pages.
• The deadline: do not leave it until the last days; documents take time.

You will find the legal summary of opposition in the new trademark law, while you can browse actual decisions under Precedents. You will find the steps on the platform in Alerts and one-click opposition.