Can the owner of a national trademark oppose the application of a trademark in another country when both are in the EU?

Question

I've got a wordmark in an EU country, which is the name of my company. Someone else applied a logo as a figurative mark which contains their company name, in another EU country. Their company name is exactly the same as mine.

Both marks are national trademarks. Both companies have exactly the same activities. They applied for 3 of the same classes and one other.

I've spend hours on euipo to find an answer but wasn't able to find it. Can I oppose their trademark even though mine and theirs are only national trademarks?

Answer 1

You can oppose them if they submit an application to register the mark with the European Union Intellectual Property Office (EUIPO)—because successful registration would allow them to enforce the mark across the EU—but not prior to then, since there is nothing to oppose at that point.

Equally, they can oppose you if you apply to register the mark with EUIPO, but only when you decide to do so. Prior to that there's nothing to oppose on a pan-EU level.

You'll have three months from the date of publication of the application to oppose them if they file.