Trademark opposition and nullity at the INPI: an overview
Trademark opposition and nullity are tools used to challenge registrations at the INPI. Understanding the difference between them helps protect distinctive signs and avoid conflicts.
What is a trademark opposition
An opposition is the objection filed during the registration process, before the INPI grants the trademark. In general, it allows interested third parties to point out similarity to earlier signs, likelihood of confusion, or other grounds that may prevent registration.
When nullity applies
Nullity, in turn, is usually discussed after the registration has already been granted. It may be sought administratively, through a specific proceeding at the INPI, or in the courts, depending on the case and the grounds invoked.
Main grounds
- Reproduction or imitation of an earlier third-party trademark
- Likelihood of confusion or improper association between products or services
- Lack of distinctiveness of the sign
- Registration obtained in bad faith, as assessed in the case
Practical precautions for companies
Before adopting a new sign, it is advisable to conduct a prior-art search and monitor official publications. This monitoring can make it possible to act within the deadlines, whether to file an opposition or to defend one's own trademark.
Deadlines and monitoring
The deadlines for opposition and for nullity requests are set out in the industrial property legislation and in the INPI's rules. Since they vary according to the stage of the process, it is advisable to review each situation individually.
Frequently asked questions
What is the difference between trademark opposition and nullity?
As a rule, an opposition is filed during the examination of the application, before it is granted, whereas nullity is discussed after the registration has already been granted. The grounds and the appropriate route depend on the case.
Can trademark nullity be sought in court?
Yes. In addition to the administrative route at the INPI, in certain circumstances nullity may be discussed in court. The choice of route depends on the grounds and the circumstances of each situation.
Need guidance on this topic?
This article is informational. For guidance on your specific case, talk to our team.