5. Publication, Opposition & Cancellation

Publication: Approved applications are published in the EU Trade Marks Bulletin, available in 23 EU languages. Publication is not registration — it initiates the opposition window.

Opposition: Any third party with an earlier right may oppose within 3 months of publication. The opposition fee is EUR 320. The opposition process includes:

·  Admissibility check — EUIPO verifies that the opposition is timely, properly filed, and supported by a valid earlier right.

·  Cooling-off period — A 2-month negotiation window (extendable to 22 months) for settlement.

·  Adversarial phase — If no settlement, both parties submit observations and evidence.

·  Decision — EUIPO decides whether the earlier right prevails. Appeals go to the EUIPO Boards of Appeal, then the General Court, then the CJEU.

Proof of Use Defense: If the opponent's mark is over 5 years old, the applicant may demand proof of genuine use in the EU. This is a powerful defensive tool.

Invalidity & Revocation: Article 52 invalidity (absolute grounds, any time, fee EUR 700) and Article 57 invalidity (relative grounds, 5-year limit for some, fee EUR 700). Article 58 revocation covers non-use (5 years), genericization, and misleading use.

6. Dilution Protection (Article 8(5) / Article 9(2)(c) EUTMR)

The EU provides some of the strongest dilution protection in the world. Under Article 8(5) EUTMR, owners of marks with a reputation can prevent registration or use of a later mark on ANY goods or services — even completely unrelated ones — if the later mark would:

·  Damage the distinctiveness of the earlier mark (blurring)

·  Damage the reputation of the earlier mark (tarnishment)

·  Unfairly take advantage of the earlier mark's reputation (free-riding)

Unlike U.S. federal dilution law (which requires proof of actual dilution under the TDRA), EU dilution requires only proof of a 'link' in the consumer's mind between the two marks. The CJEU established this standard in Intel v. CPM UK (C-252/07).

Key factors: degree of similarity between marks, degree of reputation, degree of distinctiveness, likelihood of association, and the nature of the goods/services.

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