Opposition proceedings under the Trade Marks Act 1994

The publication in the Trade Marks Journal of the following are open to opposition:

  • a. Applications published before registration (Rule 13(1))
  • b. Applications amended after publication (Rule 18(2))
  • c. Regulations for collective/certification marks applied for under the 1994 Act (Paragraph 8 schedule 1, Paragraph 9 schedule 2)
  • d. Amendment of regulations of collective/certification marks (Rule 23(4))
  • e. Amendments to registered marks
  • f. Removal of matter from the register (Rule 45(2))
  • g. Reclassification of marks from schedule iii to schedule iv (Rule 47(1))

Any person who wishes to lodge opposition against any of the above should file Notice of Opposition on Form TM7 PDF document(106Kb) with the appropriate fee within the period allowed. For "a" "c" "d" "e" "f" and "g" above, the period for lodging opposition is three months. For "b" above, the period is one month.

It should be noted that under the provisions of Rule 68(3) no extension of the opposition period is allowed for lodging opposition under Rule 13(1).

It should also be noted that, following a recent Judicial Review which stated that the Trade Marks Rules 1994 (as amended) should apply to all cases originally filed under the 1938 Act, all applications amended after publication will be open to opposition under Rule 18(2).