Proceedings · EUIPO and courts

Opposition, revocation and invalidity

Most trade mark conflicts are decided at the EUIPO, not in court. We file and defend oppositions and cancellation actions, and represent you before the Boards of Appeal and the EU General Court.

Describe your caseInfringement
3 monthsopposition period after publication
EUR 320official opposition fee
EUR 630fee for revocation or invalidity
EUR 720appeal fee

The main proceedings at a glance

Proceeding Purpose Deadline / timing
Opposition Stop a newer application based on an earlier right 3 months from publication
Revocation for non-use Remove a registered mark that has not been genuinely used for 5 years Any time after the 5-year grace period
Invalidity (absolute grounds, bad faith) Cancel a mark that should never have been registered Any time
Invalidity (relative grounds) Cancel a mark based on an earlier right Barred after 5 years of knowing acquiescence
Appeal Review a decision of the EUIPO Notice within 2 months, grounds within 4 months

Cooling-off and mediation

After an opposition is admitted, the parties get a cooling-off period of two months, which can be extended to up to 24 months. Many oppositions end with a coexistence agreement or a limitation of the specification. Since June 2025 the EUIPO offers free mediation in all inter partes proceedings, mostly online.

Proof of use

If the earlier mark has been registered for more than five years, the applicant can request proof of genuine use. Without invoices, catalogues, advertising and turnover figures from the relevant period, the opposition fails. Check your evidence before you file.

Practical example 1

Opposition against a copycat filing

A fashion label monitors new EUIPO filings and finds a similar mark for clothing. We file an opposition on the last day of the period. The applicant withdraws during the cooling-off period.

Practical example 2

Clearing the way with a revocation action

An application by our client is blocked by an old EU trade mark that has apparently never been used. We file for revocation for non-use. The owner submits no evidence, the mark is revoked and the opposition against our client collapses.

Proceedings request

Describe your case briefly and upload the letter or decision you received. You will receive an assessment and a fee quote before we act. If a deadline is running, please also call us.

    What is your matter about?*

    Trade marks or file numbers concerned

    Is a deadline running? Until when?

    Short description*

    Documents (e.g. office letter, warning letter)

    If a deadline is running, please also call us: +49 511 357 356 0. You will receive an assessment and a fee quote before we act.

    Your contact details

    First and last name*

    Company

    Email*

    Phone

    Our fixed-price services

    *Attorney fees, net, plus VAT and official fees. All services

    Speak to a trade mark attorney

    horak. Rechtsanwälte Partnerschaft mbB, Georgstraße 48, 30159 Hannover, Germany · Phone +49 511 357 356 0 · Filing request · Proceedings request

    Last reviewed: November 2026. Sources: EUTMR (EU) 2017/1001, EUTMDR (EU) 2018/625, EUIPO fee schedule. This page provides general information and does not replace advice on your individual case.