How to oppose an application
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 who files an electronic form TM7a 'Notice of threatened opposition' within the initial two months, beginning immediately after the advert date.
For example, a trade mark advertised in the Trade Marks Journal on 11 April 2013 would have a latest date of 11 June 2013 by which to file an opposition on a TM7a, or request an extension of the opposition period on a TM7a.
The TM7a can only be submitted on-line and it can be found on our website. There is no fee payable with this form.
Filing a 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 TM7 ‘Notice of opposition’ accompanied by a £200 fee. The time during which the TM7 must be filed is two months beginning immediately after the date on which the application was published.
Any TM7 filed during the extended third month by parties other than those who have already submitted a TM7a will be refunded.
Contact the applicant
You should contact the applicant, preferably in writing, and tell them why you are thinking of opposing their application. You can get their address (described as an 'address for service') from the Journal in which their trade mark was advertised.
It helps everyone if you can settle your differences in a friendly way rather than starting formal opposition proceedings.
No costs will normally be awarded to successful opponents if they don't give the applicant a chance to withdraw their application before filing the opposition, and the opposition goes under undefended.
Tell us that you wish to start opposition proceedings
You should consider getting professional advice before you decide anything.
You should send us:
- a form TM7 (340Kb) 'Notice of opposition and statement of grounds' and
- your fee and FS2 fee sheet (126Kb)
Intellectual Property Office