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 two month period in which third parties may oppose its registration. This period may be extended to three months for any party which files an electronic form TM7a ‘Notice of threatened opposition’ within the initial two months.

This form can only be submitted on-line and it can be found on our website. There is no fee payable with this form.

Filing a form TM7a does not commit you to opposing the application, but you should not file one unless you are seriously considering doing so.

If you want to oppose the registration of the trade mark without any extension to the time period allowed, then you can file a form TM7 ‘Notice of opposition’ accompanied by the £200 fee at any time within the two month period.

Any TM7 filed during the extended third month by parties other than those who have already submitted a form TM7a will be refunded.

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

If you decide to withdraw your application after we have received an opposition you will have to pay costs to the opponent.

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.

You shold consider getting professional advice before you decide anything.