Opposition is the procedure for blocking a trademark application that conflicts with an earlier right. It works in both directions: you may need to file one, or you may have received one against your own application. Both situations have a deadline that cannot be extended.
Filing an opposition
The term is two months from publication of the contested application in the Official Bulletin. It is preclusive — no extension is available on any ground, including that you learned of the application late.
The opposition must identify the earlier right relied on and set out the grounds. In practice these are similarity of signs combined with identity or similarity of goods and services, but they also include earlier unregistered rights, company names used in trade, and bad-faith filing.
Defending against one
Receiving an opposition is not the end of the application. The response depends on what the opponent actually holds:
- Request proof of use. If the earlier mark has been registered for more than five years, the opponent must prove genuine use for the goods relied on. Many oppositions fail here, because use is claimed across classes where nothing has been sold.
- Narrow the specification. Removing the goods that overlap frequently resolves the conflict without surrendering the mark.
- Argue the absence of confusion. Similarity is assessed globally, from the perspective of the relevant Romanian consumer — not by comparing the words in isolation.
- Negotiate coexistence. Often the fastest and cheapest outcome, particularly where the parties trade in different segments.
The cooling-off period
After an opposition is filed, the parties have a period to reach an amicable settlement before the adversarial phase begins. It is worth using. A coexistence agreement concluded here costs a fraction of a contested proceeding and gives both parties certainty.
If the deadline has passed
Once the term expires and the later mark is registered, opposition is no longer available. The remaining route is a cancellation action, which is slower and demands more evidence. This is the practical reason for trademark watching — the deadline is short and nobody sends you a reminder.
What we do
We assess the strength of the case before you commit, prepare the submission, conduct the proceedings before OSIM, and handle settlement negotiations where coexistence is the better outcome. For instructing firms, we act as local representative on the same basis.