Objecting to or challenging trade mark rights

After a trade mark has been published

When a trade mark application is accepted it is advertised in our on-line Journal. There is then a period of three months from the date of publication when you can raise an objection to our decision.

After a trade mark has been registered

Once a trade mark has been registered there are several different forms of legal action you can take to challenge it.

Legal costs

Cost awards in proceedings before us are contributory, not compensatory.

This means that the cost award is not going to cover all the costs of the proceedings and will only provide a contribution towards the costs of the "winning" party.

We use a published scale of costs and have discretion to determine the level of the award.

If you decide to withdraw your application after we have received an opposition you will have to pay costs to the opponent. However, if you have demonstrated that proceedings were launched against you with no warning, giving you no chance to negotiate or reach a compromise without legal proceedings then there will be no award of costs issued against you.

If you decide to defend your application against the opposition and lose the case, you will be required to pay costs to the opponent.

If you are successful in defending your application you are unlikely to recover all your costs as any award we make is normally based on a set scale.