Earlier potentially conflicting trade marks on the register

We search our register for any earlier trade marks that are the same or similar to the one that you have applied for, for the same or similar goods or services. You can check this yourself by using our cross-search list.

Then, we will tell you about them in your examination report and give you two months to decide how you want to proceed.

You can:

• withdraw your application
• contact the examiner to restrict your specification which may reduce the need to notify the owners of these earlier rights. You only get one round of correspondence to do this
• get consent from the earlier rights holder to use the mark
• not repond to us

We have prepared an Earlier Right fact sheet (92Kb) that explains your options in more detail.

If you decide to continue with the application, or if you don't respond to the examination report, we will write to the owners of these earlier marks to tell them about your application.

Then, we publish your application in our Trade Mark Journal where your application is open to opposition for a 2 month period by any of the earlier marks we have notified, or, any other party. 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.

Opposition could result in your mark not being registered and you having to pay costs.