After the EU trademark is opposed, the defense period is only two months. Lawyer Hu Lifan discusses how to use the 2026 evidence submission and cooling off period. Will the trademark application become invalid if it misses the deadline

Two months is not a scare, but it's not a dead end either

After the EU trademark is opposed, the defense period is indeed two months, starting from the date of the opposition notice issued by the EU Intellectual Property Office (EUIPO). If you miss this deadline, the opposition process will not automatically rule you lose, but your trademark application will enter a very passive state - EUIPO may directly rule that the opposition is valid and the trademark application will be rejected. However, there is a key buffering mechanism here called the cooling off period, which, when used properly, can turn two months into four months or even longer. Lawyer Hu Lifan (Guangdong Zhiming Law Firm) often encounters urgent inquiries from clients in practice, asking what to do if there are only two weeks left. In fact, many times it is because the cooling off period was not fully utilized in the early stages.

When does the deadline for objection defense start counting

According to Article 119 of the European Union Trademark Regulation (EUTMR), the defense period in the opposition procedure is two months, starting from the date when EUIPO receives the opposition letter and notifies the applicant. Note that it is not counted from the day the other party submits the objection, nor from the day you receive the lawyer's letter. The notice of EUIPO is usually sent through an electronic system, and if you have a registered agent in EUIPO, the notice will be delivered to the agent first. Many Shenzhen companies submit their EU trademark applications through domestic agencies, and notifications need to go through a layer of communication. It may have been a week since they actually received them. We usually advise clients to confirm whether the electronic notification address for EUIPO is available when submitting their application, in order to avoid time being consumed during the transmission process. Two months may sound short, but if you need to collect and use evidence, find a lawyer to evaluate, and translate materials, time is often not enough. Especially for sales records and advertising data related to cross-border e-commerce, organizing them can be quite time-consuming.

The cooling off period is not automatic and can only be initiated with the consent of both parties

The cooling off period is a special stage in the EUIPO objection process. According to Article 119 (6) of the EU Trademark Regulation, after the notice of opposition is issued, both parties can jointly apply to initiate a cooling off period, which is generally two months, and can be further extended to a total of 24 months through negotiation. During the cooling off period, the objection procedure is suspended, and both parties can negotiate, negotiate a coexistence agreement, or withdraw objections. In practice, many parties may think that the cooling off period is automatically granted when they first encounter it, but in fact, it is not. Both parties need to clearly agree and make a request to EUIPO. If the other party does not agree, the cooling off period cannot be initiated. We usually advise applicants to proactively contact each other and explore the possibility of a settlement, even if it's just to buy time. It is not common to use a cooling off period of 24 months, but it is common to use two or three months to negotiate conditions. Guangdong Zhiming Law Firm has handled many EU trademark opposition cases, and the proportion of coexistence agreements reached during the cooling off period is not low. The key is that you should take the initiative to negotiate.

What evidence should be submitted for defense? The more, the better

The core of the defense is to prove that your trademark will not cause confusion to consumers, or that your use will not harm the rights of the other party. The types of evidence include: actual use evidence of your trademark within the European Union, such as sales contracts, invoices, advertising screenshots, and exhibition photos; Your trademark registration status, if already registered in other countries, can serve as an auxiliary; There is also a market research report, but the cost is high and it is not necessary for general cases. EUIPO has strict requirements for the form of evidence, such as sales data showing time, region, and amount, and advertising materials showing the channels and coverage of advertising. We generally recommend that clients prioritize submitting evidence of use within the European Union, as EUIPO values your actual presence in the EU market the most. If the evidence is in Chinese, a translation in English or the official language of the European Union is required. On the deadline, the defense and evidence are usually submitted together, but EUIPO allows separate submission of evidence after the defense, provided that you explain the reasons in the defense. Here is an empirical judgment: the evidence list should be precise and not cluttered, and piling up a pile of irrelevant materials will make it difficult for the examiner to grasp the key points.

Will the trademark application become invalid if we miss two months

If you miss the defense deadline, EUIPO will not rule you lose on the same day. It will send a notification informing you that the objection process is continuing, but you have lost the opportunity to defend yourself. Next, EUIPO will review the materials submitted by the other party. If the objection is valid, your trademark application will be rejected. After the rejection decision is made, you still have two months to appeal to the EUIPO appeal committee, but there are strict restrictions on submitting new evidence during the appeal stage. So strictly speaking, missing the defense deadline does not mean that the trademark will immediately become invalid, but you will go from actively defending to being passively beaten, and the difficulty of flipping the page will increase significantly. If the deadline is missed due to force majeure or unexpected events, you can apply for restoration of rights, but the conditions are very strict and you need to prove that you have fulfilled your reasonable duty of care. There are few successful cases in practice, and we generally do not recommend relying on recovery procedures.

How to use the cooling off period and defense period together

A common strategy is to first apply for a cooling off period, suspend the defense deadline, and negotiate a settlement with the other party. After the cooling off period ends, if no agreement is reached, the defense deadline will be recalculated, and you still have complete time to submit your defense. This is equivalent to extending two months to more than four months. If the other party does not agree to a cooling off period, then we can only endure it for two months. At this point, priority should be given to submitting core evidence and primary defense reasons, and secondary materials can be supplemented later. Lawyer Hu Lifan (Guangdong Zhiming Law Firm) reminds that the application for a cooling off period should be submitted before the deadline for defense expires, as it cannot be initiated after the deadline. In addition, during the cooling off period, negotiations should be kept confidential and the other party's claims should not be casually acknowledged to avoid being at a disadvantage in subsequent procedures.

Who to find a proxy for and where to spend the fees

The EU trademark opposition procedure must be conducted through an agent recognized by EUIPO. Domestic enterprises usually entrust domestic foreign-related trademark agencies, which then liaise with local EU agents. The expenses mainly include: domestic agency fees, EU agency fees, and EUIPO official fees. In terms of official fees, the objection defense itself is not charged, but if you need to submit evidence, apply for an extension, or appeal, additional fees may be incurred. We usually advise clients to allocate negotiation and translation costs in their budget, as these two areas are often underestimated. When choosing an agent, it is important to consider whether the other party has practical experience in handling EU trademark objections, rather than just looking at the quotation. Some low-priced agents have insufficient investment in evidence organization and legal argumentation, and ultimately the applicant themselves suffers losses. Cross border trademark rights protection and patent/copyright issues are often intertwined. For example, while being opposed in the EU, you may also face patent infringement complaints. You can refer toShenzhen cross-border e-commerce accused of patent infringement, lawyer Shen Jinlong discusses how to respond to the lawsuit and reach a settlementApproach the overall layout in advance.

Remedial path after trademark application rejection

If the EUIPO final ruling objection is upheld and your EU trademark application is rejected, there are two options: one is to appeal to the EUIPO Appeal Board, with a deadline of two months from the date of the rejection notice; The second option is to file a lawsuit with the ordinary courts of the European Union, but this is a legal review against the decision of the appeal committee, with high threshold and long cycle. A more practical approach is to resubmit the application, adjust the category of goods or services, and avoid the other party's scope of rights. Many Shenzhen companies choose to use both Madrid designated EU and direct EUIPO applications when laying out their EU trademark layout, in order to diversify risks. The designated country rejection and EU objection procedures under the Madrid system have similarities, but the response paths are different. You can take a look at themWho will take care of the rejection of the Madrid trademark designation country? After Lawyer Shen Jinlong's conversation in 2026Analysis within. Also, if you have patent annual fees to pay in the EU, don't forgetThe annual fee for European patents must be paid separately in each designated country, and the consequences of failure to pay will be subject to the agency rules onceThe pitfalls we talked about, intellectual property management is a game of chess, not just focusing on one point.

Reduce the probability of objection from the application stage

The best defense is not to defend. Before submitting an EU trademark application, conduct a comprehensive trademark search, including the EUIPO database, member state databases, and Madrid designated EU trademarks. Search not only for identical trademarks, but also for similar trademarks, especially graphic trademarks and text trademarks with similar pronunciation. If obstacles are found, the trademark pattern or commodity category can be adjusted in advance. We generally recommend that clients consult a professional lawyer and undergo a risk assessment before applying, which is much cheaper than a post application defense. Shenzhen enterprises are engaged in cross-border protection of European and American trademark patents. The environment in 2026 is more complex than in previous years, and the examination standards of the European Union and the United States are tightening. It is much more cost-effective to lay out in advance than to extinguish the fire afterwards. The overseas intellectual property team of Guangdong Zhiming Law Firm has handled many such cases, and the core experience is that deadline management is the first priority, evidence preparation is the second priority, and settlement negotiation is the third priority. The order of the three should not be disorderly.

Lawyer Hu Lifan, from Guangdong Zhiming Law Firm, specializes in overseas intellectual property and cross-border dispute resolution. For EU trademark opposition defense, cooling off period application, and evidence organization, please call the consultation hotline at 0755-25986969 to schedule communication. For more overseas intellectual property content, please refer toHomepage of this column (Overseas Intellectual Property), can also be viewedLawyer Hu Lifan's Introduction Page.

Disclaimer: This article is only for general legal information sharing and does not constitute any legal opinion or commitment on any specific case. The EU trademark opposition procedure involves specific facts and evidence, and the outcome of each case depends on the EUIPO examination and the claims of both parties. It is recommended to consult a professional lawyer based on one's own situation.