News & Publications
    20 October 2026

    Sometimes the best defense is to avoid opposition

    Sometimes the best defense is to avoid opposition

    A real case where a potential opposition was resolved by restricting a specific Nice class before the conflict escalated into formal proceedings.

    Not all trademark oppositions end in lengthy proceedings. Some are avoided before they even begin. I recall a case where, immediately after registering a trademark, another company reached out because they believed there was an overlap with theirs. Before resorting to a formal opposition, we sat down to examine the real issue: it wasn't the full name, but a very specific Nice class where we indeed competed directly. We restricted that class, and that was enough. The other company withdrew any intention to oppose, and both trademarks have been coexisting peacefully ever since. Sometimes the best defense isn't to fight the opposition: it's to adjust the scope of the trademark before the conflict even arises. Do you prefer to negotiate a potential dispute before it starts, or wait to see if it escalates?