An opposition procedure is a rapid procedure to prevent a similar mark from being registered. The downside is that owners of reputable trademarks in many countries (also in the Benelux countries) cannot invoke their trademark’s reputation in an opposition procedure. Because of this sometimes trademark applications are being registered that ideally never should have reached that stage. A good example is the registration of a new logo for tea and coffee machines in Switzerland.
Coca Cola launched an opposition to stop the registration process. The products are similar (coffee and soft drinks are alternatives), so it comes to match or logos. Coca-Cola insisted on the reputation of its logo. Because this ground in opposition proceedings does not exist, it cannot be taken into account. The trademark office therefore finds no violation.trademarks