Three different problems
An examination objection comes from the registry during review of an application. An opposition is usually brought by a third party against a published application. Infringement concerns unauthorized use and enforcement. The procedure, deadline, evidence and remedy differ for each.
Respond to the actual ground
A response should identify the cited mark or legal ground, compare the relevant signs and goods or services, and present the evidence that matters. Generic claims that a brand is unique are rarely enough.
- Application and examination documents
- Proof of adoption and first use
- Sales invoices and advertising
- Website and marketplace records
- Packaging and dated brand files
- Correspondence with the opposing or infringing party
Preserve evidence before sending threats
If another party is using the mark, preserve dated screenshots, listings, invoices, photographs, customer confusion and registry records before contacting them. A notice should be accurate about ownership and remedies. An overstated or poorly targeted notice can weaken the position or trigger a counterclaim.
Choose a proportionate route
Depending on the matter, options can include a response to the registry, negotiation, coexistence terms, opposition proceedings, a cease-and-desist notice, platform reporting or court proceedings. The correct route depends on urgency, ownership, market overlap and evidence.
Common questions
Questions people ask about this issue
Is a trademark objection the same as rejection?
No. An objection normally gives the applicant an opportunity to respond within the applicable process and deadline.
Should I contact an alleged infringer immediately?
First preserve evidence and assess ownership, similarity, goods or services, urgency and the most suitable forum.
Verify current requirements
Official and primary resources
Use these sources to check the current law, portal or procedure. External sites are maintained by their respective authorities.