Publication in the Trade Marks Journal is the point where someone else can challenge your mark. Most applications pass through untouched. Some do not.
Why publication in the journal matters
Once your mark is accepted, it is published so the public can see it before registration becomes final. That publication is not a formality: it is the mechanism that lets a competitor or an existing mark owner object.
Without publication, marks could register without anyone who might be affected ever finding out in time to object.
Who can file an opposition and when
Anyone who believes your mark should not register can file an opposition, within 3 months of publication. Past that window, the opportunity closes and the mark moves toward its certificate.
In practice, oppositions usually come from a business with a similar existing mark, or one that believes your mark is too close to its own.
The opposition fee and what it buys
Filing an opposition costs the objecting party ₦11,500. That fee is not refunded to you, and it does not go toward your registration. It funds the objector's own filing.
The fee exists partly to discourage opposition filed without a real basis, since it is a cost the objector carries regardless of outcome.
Your options once you're opposed
Once an opposition is filed, your application does not move forward automatically. You will need to file a formal response defending your mark, within the deadlines the Trademarks Registry sets for that stage.
This is where most applicants stop handling the matter alone. A trademark lawyer who has run a defence before can weigh whether to contest, negotiate, or amend the application rather than fight the opposition outright.
What happens if you do nothing
An opposition left unanswered typically results in the application being treated as abandoned. You lose the filing fee already paid, and you start over, from a fresh availability search, if you still want the mark.
Silence is the response most likely to end badly. Even a modest defence keeps the door open, and it costs far less than filing a new application from scratch a second time.
Common mistakes
- Missing the response deadline. Once an opposition is filed, the clock for your reply starts immediately, not from when you notice it.
- Assuming an opposition means you did something wrong. It often reflects a competitor's own interest, not a flaw in your application.
- Fighting every opposition on principle. Sometimes amending the mark or narrowing the class is faster and cheaper than a drawn-out dispute.
- Not budgeting time for this stage. An opposition adds to the 12 to 18 months range most applications expect.
For the stages before this one, see the trademark registration process explained. The rest of this series is on the SME regulators hub.