Other trade mark opposition processes

Opposing removal applications for non-use

Trade mark registrations may be removed if it is no longer used by the registered owner. Non-use removal action is one of the common approaches for trade mark applicants to address conflicting prior registrations. As a trade mark owner, you may defend your registration by opposing the non-use application.

Opposition to a non-use application

Intention to Oppose

​To oppose an application for removal of a trade mark registration, the registered owner can file a Notice of Intention to Oppose, followed by a Statement of Goods and Particulars. If no opposition is filed or the owner fails to file a Statement of Grounds and Particulars (SoGP), the registration will be removed.

Intention to Defend

​​If an opposition is initiated, to pursue the non-use application, the removal applicant may file a Notice of Intention to Defend within 1 month from the date of receiving the SoGP filed by the owner. Failure to file a NID will result in the registration remaining on the register.

Evidence in Support

If the removal applicant files a NID, the opponent must file Evidence in Support (EIS) in support of the grounds of the opposition. If EIS is not filed, Opposition fails and registration will be removed.

​Evidence in Answer

If EIS is filed by the opponent, the removal applicant may file Evidence in Answer (EIA). ​

Evidence in Reply

If EIA is filed by the removal applicant, the opponent ​may file E​vidence in ​R​eply​ (EIR) in response to EIA.

​​​H​earing

When the evidence stage ends, either party may request to be heard or present written submissions in order to support their case.

​​Decision

​The Hearing Officer decides the case based on his or her consideration of the evidence and submissions​ filed by both parties. A decision is made in writing and sent to both parties. The winning party may be awarded costs.