Intellectual Property

Opposing a trade mark application

Opposition is the legal procedure that allows anyone to try and stop the registration of a trade mark.

Once we have accepted an application for a trade mark for registration, we will advertise it in the Trade Marks Journal, which is published every Friday on our website.

Following this there is a two month period (which can be extended by a further one month) that allows you to submit your notice of opposition to the registration.

If you start opposition proceedings, you become the 'opponent’ in the case.

Common reasons for opposition

  • You think the trade mark is one which is not unique to the applicant and should be free for everyone in that line of trade to use; or
  • You own a trade mark (which does not have to be registered itself) which is the same as, or similar to, the applicant’s trade mark.

How to oppose an application

Details of the next steps you take if you wish to oppose.