Opposing a trade mark application

After a trade mark has been published anyone can:

make observations about the acceptance of the application, provided it is an application made under the 1994 Act. See Third Party Observations.
oppose the application.

To oppose an application, you should file the below mentioned form, along with a statement in case in support of the opposition.

Your application for opposition, along with the statement and the required fee should be sent within the time limits set out in the table below, in the absence of which the opposition will not be valid and so will not be accepted.

What can be opposed

You can oppose the following types of application:
		Time limit
1.	applications advertised/published before registration	3 months
2.	regulations for collective/certification marks applied for under the 1994 Act	3 months
3.	amendments to registered marks applied for under the 1994 Act	3 months
4.	amendments to collective/certification mark regulations which the Registrar has published	3 months
5.	applications amended after publication or advertisement	1 months
Note: In the case of 3-5 above, the grounds of opposition can only relate to the amendment, not to any other matters relating to the application/registration.

Time limits

You must file opposition within the time limits identified above, i.e. from the date of publication or advertisement. You will not be granted any extension of time to the period for opposition. The Office will reject any opposition filed after the allowed period has expired.

Subsequent action

The Registrar will send a copy of the notice of opposition to the applicant.

The applicant may then file a counter-statement in defence of the application.

The Registrar will then invite the opponent and the applicant, in turn, to file evidence to support their respective cases. Once the evidence stages have been completed, the Registrar will arrange a hearing if either party requests one. After the hearing the Registrar will issue a written decision. If neither party requests a hearing, the Registrar will review all the evidence filed and then issue a written decision, based on the evidence. The decision will usually include an award of costs to the successful party, i.e. to be paid for by the unsuccessful party.

Form(s)

Notice of opposition [TM7]

Fee

£200

The application must be submitted with a fee sheet, which must be filled with all fee bearing forms.