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IP A-Z

Like most areas of law, Intellectual Property can appear daunting and complex. There are a great many practice areas, subjects and procedures. The SH&P “A-Z” Intellectual Property glossary is a free and easy to use glossary of legal terms commonly used and associated with IP. We hope that it will help you better understand this topic. All of the entries include contact details for SH&P expert advisers. Alternatively, you can request a free, no obligation, IP Consultation and Review here if you require more information or have a particular issue you would like us to help you with.

An opponent is the name given to a party who registers their objection to another party’s application for grant of a patent or registration of a trade mark.

In trade mark disputes the grounds of an opposition may differ depending on the jurisdiction but where an opposition is based on earlier rights, the Opponent is usually the owner of those earlier rights. If the earlier right is over a certain age (usually 5 years) then proof of use of the earlier right would typically need to be shown in the proceedings, according to local law. The Opponent can do this by way of trade mark registration certificates if relying on earlier registered rights or by proof of substantial use if relying on unregistered rights.

Where an opposition is based on grounds other than earlier rights, the Opponent may be any interested party and prove its case accordingly.

The owner of the challenged application in an opposition remains the “Applicant” whereas the party commencing cancellation action against a trade mark registration is the “Applicant for Revocation/Invalidation” and the owner of the challenged mark remains the “Proprietor”.

  • Ann Lynch

    Brands & Trade Marks

    Ann joined the firm in 2014 bringing with her almost 20 years’ experience in…
  • Ceili Williams

    Inventions & Innovations, Product Design & Copyright

    Ceili enjoys the complexities of the role of a patent attorney: getting to grips…
  • David Powell

    Brands & Trade Marks, Domain Names, Websites & E-commerce

    David is a Trade Mark Attorney and a partner of SH&P, which he joined…
  • Joanne Heaton

    Inventions & Innovations

    Jo joined the firm as a qualified attorney at the beginning of 2000. She…
  • Jon Welfoot

    Brands & Trade Marks

    Jon joined the firm in 2000. He is an experienced Trade Mark Attorney and…
  • Jonathan Sutton

    Brands & Trade Marks

    Jon has been with SH&P since 1996. Prior to joining SH&P Jon worked as…
  • Julie Gonard

    Brands & Trade Marks

    Julie joined SH&P in 2016, shortly after qualifying with distinction as a UK and…
  • Peter Cornford

    Brands & Trade Marks, Product Design & Copyright

    Peter has worked as a trade mark lawyer for almost 30 years. His experience…
  • Robin Webster

    Brands & Trade Marks, Domain Names, Websites & E-commerce

    After graduating with a degree in Mechanical Engineering from Cardiff University in 1992, Robin…
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  • Ann Lynch

    Brands & Trade Marks

    Ann joined the firm in 2014 bringing with her almost 20 years’ experience in…
  • David Powell

    Brands & Trade Marks, Domain Names, Websites & E-commerce

    David is a Trade Mark Attorney and a partner of SH&P, which he joined…
  • Jon Welfoot

    Brands & Trade Marks

    Jon joined the firm in 2000. He is an experienced Trade Mark Attorney and…
  • Jonathan Sutton

    Brands & Trade Marks

    Jon has been with SH&P since 1996. Prior to joining SH&P Jon worked as…
  • Julie Gonard

    Brands & Trade Marks

    Julie joined SH&P in 2016, shortly after qualifying with distinction as a UK and…
  • Peter Cornford

    Brands & Trade Marks, Product Design & Copyright

    Peter has worked as a trade mark lawyer for almost 30 years. His experience…
  • Robin Webster

    Brands & Trade Marks, Domain Names, Websites & E-commerce

    After graduating with a degree in Mechanical Engineering from Cardiff University in 1992, Robin…