Trademark Opposition Proceedings
Whether you are opposing a third party’s application that conflicts with your mark, or defending your own application against opposition, Onley Law handles the full proceeding before the Trademarks Opposition Board (TMOB).
Opposition is a structured proceeding with strict deadlines, formal pleadings, evidence by affidavit, and sometimes a hearing. We take a strategy-first approach: most oppositions can be resolved or settled before final hearing.
What’s Included
- Initial assessment of the dispute and the strength of each side’s position
- Statement of Opposition drafting (if opposing) or Counter-Statement drafting (if defending)
- Evidence preparation including affidavits and exhibits
- Written argument and submissions
- Cross-examination on affidavits where appropriate
- Oral hearing before the TMOB if required
- Settlement negotiation and consent agreements where strategic
TMOB Experienced
Onley Law has handled oppositions before the Trademarks Opposition Board on behalf of opposers and applicants.
Strategy-First Approach
Most oppositions can be resolved by negotiation or consent. We do not push to hearing when settlement is the better commercial outcome.
Fixed-Fee Phases
We quote each phase (pleadings, evidence, argument, hearing) as a fixed fee so you can budget and decide phase by phase.
How It Works
Initial Assessment and Strategy
We review the trademark records, your business position, and the commercial stakes. We recommend whether to oppose, defend, settle, or negotiate consent.
Pleadings
We draft the Statement of Opposition (if opposing) or Counter-Statement (if defending) and file with the TMOB within the strict deadlines.
Evidence and Argument
We prepare your evidence by affidavit, cross-examine if appropriate, and submit written argument addressing each ground.
Hearing and Decision
If the matter goes to a hearing, we appear before the TMOB. The TMOB issues a written decision allowing or refusing the application.
Frequently Asked Questions
What is a trademark opposition in Canada?
A trademark opposition is a proceeding before the Trademarks Opposition Board (TMOB, part of CIPO) where a third party challenges a pending trademark application. The opposition is initiated by filing a Statement of Opposition within two months of the mark’s advertisement in the Trademarks Journal. The applicant defends by filing a Counter-Statement, and the proceeding moves through evidence, argument, and (if requested) a hearing.
How long does a Canadian trademark opposition take?
A contested opposition typically takes 18 to 36 months from initiation to TMOB decision. The proceeding has phased deadlines for pleadings, evidence by affidavit, cross-examination, and written argument. Many oppositions settle before reaching the final hearing.
What does it cost to oppose or defend an opposition?
Costs vary significantly with complexity. We quote each phase (pleadings, evidence, argument, hearing) as a fixed fee so you can decide phase by phase. Settling early is almost always less expensive than going to full hearing. We assess settlement potential at every phase.
Can a trademark opposition be settled?
Yes, and most are. Common settlement structures include consent agreements (the parties agree on a coexistence framework), withdrawal of the opposition in exchange for goods-and-services amendments, or assignment and licensing arrangements. We negotiate settlements actively in parallel with the formal proceeding.
What is the difference between a Statement of Opposition and a Counter-Statement?
The Statement of Opposition is the pleading filed by the third party challenging the application. It must set out specific grounds of opposition (such as confusion, non-distinctiveness, or non-entitlement). The Counter-Statement is the applicant’s response, generally a brief denial of the alleged grounds. Both have strict filing deadlines.
What happens at a TMOB opposition hearing?
At a TMOB hearing, both sides make oral submissions to a Hearing Officer based on the written evidence and argument already filed. New evidence is generally not introduced at the hearing. After the hearing (or after written argument if no hearing is requested), the TMOB issues a written decision allowing or refusing the trademark application.
Facing or Filing an Opposition?
Strict deadlines apply. Send us the trademark details and we will provide a phase-by-phase fixed-fee quote within one business day.
Need to enforce against actual use? See our Infringement Letter service →