Admissibility check
At this stage OHIM verifies whether the Notice of Opposition complies with the formal requirements as set out in the Regulations. In other words, OHIM examines whether the Notice of Opposition is admissible. In general, two kinds of inadmissibility exist:
- inadmissibility due to absolute deficiencies, i.e. deficiencies that cannot be remedied after the expiry of the opposition period (for example: no indication of the application against which the opposition is directed). If the opponent does not remedy these deficiencies on their own initiative within the opposition period, the opposition is inadmissible; and
- inadmissibility due to relative deficiencies, i.e. deficiencies that can be remedied after the expiry of the opposition period. The Office invites the opponent to remedy the deficiency within a non-extendible period of two months, failing which the opposition will be rejected as inadmissible.
The correct use of the Notice of Opposition form provided by OHIM, in accordance with the relevant explanatory notes, normally ensures that the Notice of Opposition will not face any deficiency rendering it inadmissible.