Someone filed a similar trademark. What do you do?

You get an alert that a new trademark application has been filed that looks similar to yours. Before doing anything, take a moment to assess whether it is actually a problem.

Step 1: Is it actually similar?

Look at the name and the goods and services. A similar-sounding name in a completely unrelated industry is unlikely to cause consumer confusion, which is the legal standard. A near-identical name in the same class is a different matter. Check the Nice classification: if the applicant is in classes far removed from yours, the risk is lower.

Step 2: Is it in an overlapping market?

Even within the same Nice class, the actual goods and services listed matter. A broad class like 35 (business services) covers everything from retail to consulting. Look at the specific terms. If the goods and services descriptions do not overlap meaningfully with yours, the case for opposition weakens.

Step 3: What are your options?

You have roughly 90 days from the EUIPO publication date. Your main options:

• File a formal opposition with EUIPO. This pauses their registration and opens a structured dispute process. You need to be the owner of an earlier right that conflicts. There is a fee and it takes time.
• Contact the applicant directly. Many potential conflicts are not intentional. A letter explaining your prior rights sometimes resolves things without a formal dispute. This is cheaper and faster when it works.
• Do nothing. If the conflict is minor and the markets do not overlap, this may be the right call. Not every similar filing is a real threat.

When to involve a trademark attorney

If the filing is in the same class with a similar name and your trademark has real commercial value, it is worth getting a professional opinion before the window closes. An attorney can assess the strength of an opposition case quickly. The cost of a consultation is small compared to the cost of losing the dispute later.

Related: The 90-day opposition window explained