Objections to EU trademarks and design patents are invalid. Lawyer Shen Jinlong talked about the four hard indicators for choosing a lawyer in Shenzhen, and the chances of winning vary depending on the procedure

Choosing a Shenzhen lawyer to handle the invalidity of objections to EU trademarks and design patents depends on four hard indicators: whether there is a local agency qualification in the EU, how many EUIPO objections and invalidity have been handled, whether the trademark and design procedures can be separated for time accounting, and whether the fees are reported separately according to the procedural nodes. If one of these four items is missing, the case is likely to get stuck in the procedure rather than losing in the reasoning. The opposition and invalidation procedures for EU trademark design patents are completely different, and the winning algorithms are also different.

EU trademark opposition and invalid design patent are not the same thing at all

Many customers may think that "objection" and "invalidity" are the same process when they first come into contact, but in fact, at the European Union Intellectual Property Office (EUIPO), trademarks and designs are two independent examination systems. Trademark opposition refers to EU trademark applications filed during the publication period, based on Article 8 of the EU Trademark Regulation (EUTMR), usually on the grounds of similarity or similarity of the prior trademark, the possibility of confusion, or malicious registration or agency relationship applications. Invalidity of a design refers to a registered Community Design (RCD), based on Article 25 of the Community Design Regulations (CDR), for reasons including lack of novelty, lack of uniqueness, conflict with prior designs, disputes over ownership of rights, etc.

In other words, trademark opposition is a hindrance at the stage where the application has not yet received the certificate, while invalidation of the appearance is a dismantling at the stage where the certificate is already in someone else's hands. The timing, rules of evidence, and burden of proof are all different. We have seen many sellers in practice who use trademark opposition materials to file for invalid appearance, but the formal examination alone is rejected.

The response period is only 3 months; it can be extended, but it will cost money.

The procedural deadline for EUIPO is mandatory. After submitting a trademark opposition, there is a cooling off period, usually 2 months, which can be extended to 24 months if both parties agree. After the cooling off period ends, the opponent enters the adversarial procedure, and the deadline for responding to the objection notice is usually 2 months, which can be applied for extension. On the side of invalid appearance, the deadline for the respondent to reply to the invalid application is generally 2 months. It is also possible to apply for an extension, but an extension fee must be paid for each extension, and the fee will be calculated on a per use basis.

We usually advise clients to create a deadline table as soon as they receive the notice from EUIPO, because once the response deadline is missed, EUIPO will be treated as absent, trademark objections may be considered withdrawn, and invalid applications may be ruled as valid. This type of case, which is not lost in the physical world but in the calendar, accounts for a considerable portion of the consultations we have encountered.

One of the four hard indicators: EU local agency qualifications and practice records

The EU trademark and appearance procedures require non EU entities to appoint qualified agents, who are included in the EUIPO recognition list European Union Intellectual Property Office representative。 Shenzhen lawyers usually handle such cases through cooperation with local European agencies. So the first indicator is not whether the law firm's name is well-known, but whether it has a stable network of European agents, as well as the actual appearances and written statements of these agents in EUIPO.

You can directly ask: Who signed and submitted this case, and who operated it in the EUIPO system. What I can't answer is basically changing hands again and again. You can refer to our service framework in this regardUS and EU trademark and patent filing page.The introduction clearly outlines the division of labor between the trademark and appearance lines.

The second of the four hard indicators: how many tasks have been completed, not how many people do you know

The second indicator is the number of cases. Trademark opposition and invalidation of appearance are both experiential activities. How to organize evidence, how to prove prior rights, and how to use sales data to explain market confusion, these cannot be felt without more than dozens of practical operations. Especially when the appearance design is invalid, the judgment of novelty and uniqueness highly relies on the depth of search of the prior design. Invalid applications with inadequate search are equivalent to giving the other party the cost.

When asking a lawyer, don't ask 'Have you ever handled such cases?' Instead, ask 'How many EUIPO objections and invalidation cases have you handled in the past two years, and how many trademark and design cases have you handled?'. If you answer vaguely, you should have a clear understanding in your own mind. Cross border sellers have tight schedules and high trial and error costs, so they would rather spend half a day doing due diligence.

The third of the four hard indicators: Can the time accounts of the two programs be calculated separately

The third indicator is the most easily overlooked. The timeline for trademark opposition and invalid appearance varies greatly. Trademark opposition usually takes 12 to 24 months from submission to EUIPO ruling in practice, and for complex cases, it can take more than 30 months. Invalid appearance is relatively faster, but for those involving prior design search and expert opinions, it may take up to 18 months. If the other party raises both trademark objections and invalid appearance, the two lines run parallel and have completely different rhythms.

Can the lawyer provide you with a schedule of the procedures before the commission, directly reflecting whether he has really gone through the process. Those who only say 'about a year' probably haven't taken into account the cooling off period and delay. In overseas intellectual property layout, the timeline is often more valuable than the conclusion, as it determines whether your product can be launched as planned. You can first take a look at the basic explanation of overseas intellectual property rights, and then ask a lawyer with specific questions.

The fourth of the four hard indicators: charging by node or bundled at a fixed price

The fourth item is money. The official fee for EU trademark opposition is 320 euros (for a single category), with an additional charge for each additional category; The official fee for invalid appearance is 630 euros. In practice, it is more reasonable to split the lawyer's fees according to the procedural nodes: submission stage, evidence stage, oral review stage, and appeal stage after ruling, and each report should be submitted separately. A fixed price package may seem worry free, but once it enters the adversarial process, there is a lot of room for price increases midway.

We usually advise clients to request a written cost list that separates official fees and agency fees, and lists possible delay fees, translation fees, and notarization and certification fees separately. Non English evidence in EU procedures usually requires translation, which is quite expensive. Asking clearly in advance can save a lot of nonsense later on. For those involving multiple countries' layouts, reference can also be made to intellectual property legal services in other countries, comparing the schedules of the European Union, the United Kingdom, and the United States on a single sheet of paper.

Choosing a lawyer in Shenzhen also depends on whether he is willing to say 'don't fight this case'

The last point is subjective, but important. A good foreign-related intellectual property lawyer will tell you which cases are not worth fighting during the evaluation stage. If there are significant differences between the trademarks of both parties, the categories do not overlap, and the chances of winning are low, it is better to directly adjust the brand instead of spending two years and tens of thousands of yuan. If the appearance is invalid and there is no strong evidence found in the previous design search, the same applies. A lawyer who is willing to persuade you to stop is usually more reliable than a lawyer who promises to win.

our team'sAttorney Shen Jinlong's Practice IntroductionYou can first check the direction of handling and language proficiency, and then schedule a time to discuss specific cases. There will be no major structural changes to the EU procedural rules in 2026, but the requirements for evidence form in EUIPO are tightening. It is best to consult with a lawyer in advance regarding the collection and notarization of electronic evidence.

Attorney Shen Jinlong, foreign-related intellectual property team at Guangdong Zhiming Law Firm, has long handled U.S. and EU trademark, patent, and copyright matters. Consultation hotline: 0755-25986969.

Disclaimer: The content of this article is a general sharing of legal information and does not constitute legal advice on any specific case. The EU trademark opposition and design invalidation procedures involve specific facts, evidence, and deadlines, and the conclusions of individual cases may vary. If specific matters need to be handled, please communicate separately with practicing lawyers and obtain written opinions.