Oppositions, watching & enforcement
Representation before the EUIPO and enforcement in France/EU.
Opposition is the main way to stop a conflicting trademark before it registers — but France and the EU differ on the deadline, the grounds available and the procedure. We act in both, for opponents and for applicants defending.
Opposition before the EUIPO
At the EUIPO, opposition must be filed within three months of the application’s publication. It rests on relative grounds only: an earlier trademark (identity, or a likelihood of confusion), an earlier trademark with a reputation, an earlier sign used in trade of more than mere local significance, or an unauthorised filing by an agent. Absolute grounds — descriptiveness, lack of distinctiveness — cannot be raised in opposition; they are met by observations or a later invalidity action. A cooling-off period allows settlement, and the applicant may require proof of genuine use of any earlier trademark registered for more than five years.
Opposition before the INPI (France)
In France the window is shorter — two months from publication in the BOPI — and, since the 2019 reform, the available grounds are broader. An opposition may be based not only on an earlier trademark or a trademark with a reputation, but also on a company name, a trade name or sign, a domain name, a protected geographical indication, or the name, image or repute of a public body — and several earlier rights may be combined in a single opposition.
What differs in practice
Two points drive strategy. The French deadline is two months against three at the EUIPO, so the calendar is tighter. And the French grounds reach beyond trademarks, which can open a route where the client’s strongest earlier right is a company or trade name rather than a registration. We assess both offices and act on whichever fits.
Watching and surveillance
Opposition only works if the conflicting filing is spotted in time. We monitor French and EU registers for trademarks that conflict with your client’s and report with a recommended response, so threats are met within the deadline rather than after registration.
Enforcement
Where a trademark is already in use, we enforce it — through cease-and-desist, customs detention, urgent relief and infringement proceedings in France and across the EU — coordinating strategy with you throughout.