Trademark opposition at the INPI: how the procedure works
Deadline, cost, comparison of signs and goods: how the INPI trademark opposition procedure works in practice.
.avif)
If you have filed a trademark, you will likely have come across the opposition procedure. Here is how it works in practice.
The opposition procedure is available against all French trademark applications filed with the INPI, within two months of publication in the BOPI (Official Bulletin of Industrial Property). It may be based on a prior French, EU or international mark designating France. The fee is €325.
Once the opposition is filed, the applicant is notified and given a deadline to submit observations. A draft decision is then issued to both parties, with a one-month period for comments. The INPI must rule within six months. An appeal lies to a competent Court of Appeal, within one month of notification.
The opposition brief comprises two parts. The first is a comparison of the goods and services of the earlier mark and the challenged application: identifying identical goods or services, then similar ones (synonymous, complementary, or even from different classes where they could reasonably be provided together). A tabular presentation is often preferred for clarity.
If the signs are identical, it suffices to demonstrate identity on the visual, phonetic and conceptual levels. If the signs are similar, the opponent must demonstrate a likelihood of confusion among the relevant public. The comparison is conducted on three levels: visual (prefixes, suffixes, graphic elements), phonetic (phonemes, sequence), and conceptual (meaning conveyed). Researching INPI case law for similar oppositions is also useful. For further detail, see the article on responding to a similar trademark filing and the article on trademarks and trade names. For the filing process, see the trademark filing guide and the intellectual property services page.
The structure is similar when acting in defence. All points raised by the opponent must be addressed.
The opposition procedure is an effective but technical tool. If you need to file or respond to an opposition, book a call.
The Data Act limits what SaaS vendors can charge when you switch providers. Permitted fees, prohibited charges, and the 2027 deadline explained.
Stuck in a SaaS contract your company no longer needs? The EU Data Act gives you a legal right to switch providers. Eligibility, process, and pitfalls.
Let's build together to grow your business
I have been supporting software and SaaS companies for over 10 years, helping them structure their business, protect their intellectual property and strengthen their contracts.
