Opposition to a trademark registration

Opposition to the registration of a national trademark may be filed within three months from the date of its publication in the Official Gazette of the Office for Intellectual Property of the Republic of Slovenia (Industrial Property Bulletin), an opposition to the registration of an international trademark within three months from the date of its publication in the Official Gazette of the  World Intellectual Property Organisation (WIPO)  (in English) and an opposition to the registration of an EU trademark within three months from the date of its publication in the  Official Journal of the EU Intellectual Property Office (EUIPO).

Where to file an opposition?

A written opposition to the registration of a national or international trademark is filed directly with the European Intellectual Property Office, either by electronic opposition application or by post to the Office's address:

Slovenian Intellectual Property Office
Kotnikova 6
1000 Ljubljana

or by fax: +386 1 620 3111.

Opposition to the registration of an EU trademark shall be filed by post to the EUIPO's address:

European Union Intellectual Property Office
Avenida de Europa, 4
E-03008 Alicante

or by fax: + 34 965 131 344

or electronically via the internet,

How to file an opposition?

If the opposition to the registration of a national or international trademark is filed by post or fax, it must be filed in duplicate. The opposition must contain details of the opponent and the earlier right, a clear indication of the goods or services which are the subject of the opposition, relevant evidence of the grounds for opposition, and a receipt for payment of the opposition fee.

You can read the instructions for opposing an EU trademark registration on the EUIPO website.

Opposition fee

The fee for filing an opposition is:

• for a national trademark: EUR 75,
• for an international trademark: EUR 85.

Payment is to be made into the Office's account.

The fee for filing an opposition against an EU trademark registration is EUR 320, payable into the EUIPO's account. Details on the method of payment  are available on the EUIPO website.

Opposition proceedings

The opposition proceedings against a national or international trademark registration are conducted by the Office and against an EU trademark registration by the EUIPO.

The opposition proceedings against a national or international trademark registration start with the filing of the opposition. The Office first carries out the formal part of the proceedings, in which it verifies that the opposition has been filed in time and that the appropriate fee has been paid. If the opposition does not meet the formal conditions, it shall be deemed not to have been filed. The Office shall then notify the filing of the opposition to the applicant for the trademark, who may, within three months of receipt of the notification, state their position on the grounds for opposition and request the opponent to provide evidence of use of the earlier trademark. At this stage of the proceedings, many applicants contact the opponent and try to agree on the coexistence of the marks or narrow down the list of goods or services accordingly, thereby removing the grounds for opposition. If the opponent and the trademark applicant jointly request that they wish to explore the possibility of reaching a settlement, the Office shall, by means of a decision, suspend the trademark registration proceedings for a period of six months.

On the basis of the opposition and the response by the applicant, if any, the Office shall examine the merits of the opposition. If the opposition is found not to be justified, it shall reject it and continue the trademark registration procedure. If, on the other hand, it finds that it is justified in respect of all or only some of the goods or services, it shall refuse the application for registration of the trademark in whole or in part. The decision of the Office shall be final in the administrative proceedings. There is no right of appeal against it, but an administrative action may be brought before the Administrative Court of the Republic of Slovenia in Ljubljana within 30 days of service of the decision.