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

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.