UK Trademark Opposition
If you are notified of a trademark application that looks, sounds or is spelled like your brand, you have the right raise an opposition to the trademark application.
If you receive an opposition to your trademark application you have the right to object in order to give your application the best chance of success.
Let’s dive into how our Trademark Opposition Services can help you with registering and defending your trademark.
What is Trademark Opposition?
When the UK Intellectual Property Office (UKIPO) receives a trademark application from an applicant, it gets published in the Trade Marks Journal. At this stage, you have two months (or three if you apply for an extension) to raise an objection. This is your opportunity to step in and oppose a trademark that could clash with yours or cause confusion among your customers.
The opposition process is a formal way of making sure no one else can unfairly register a trademark that might harm your brand.
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Grounds for Trademark Opposition
- Too similar to your trademark: If the new trademark looks or sounds like yours, and you’re both in the same market, this is a strong reason to oppose the trademark.
- Confusing to customers: If there’s a chance that people might confuse the new trademark with yours, you can raise that as one of your grounds for opposition.
- Bad faith: If you believe the applicant is acting in bad faith (perhaps they’ve copied your brand), this is another valid reason to object.
- Prior Use: You can oppose a trademark application even if you don’t have a trademark if you can prove prior usage, however the opposition is far more likely to be upheld if you have your own trademark registered.
How to Oppose a Trademark in the UK
If you want to oppose a trademark in the UK, the first step is to file a TM7 form with the UK Intellectual Property Office (UKIPO). This form lays out the reasons for your opposition and must be submitted within two months of the trademark being published. Need more time? You can request an extension by filing a TM7a, giving you an additional month to prepare.
Once your opposition process is done, the trademark applicant gets a chance to defend their application. From there, the UKIPO will look at both sides, and if things get complicated, they might arrange a hearing to settle the trademark dispute.
The Trademark Opposition Process
Here are the 5 points by which you can understand the Trademark Opposition process –
- Opposition Filling: Begin with the formal filing of TM7 form to put the procedure to kick off.
- Applicant’s defence: the trademark owner has two months to reply. Though both parties can agree to extend this period.
- Evidence to be filed: You will have to file evidence before UKIPO at your end while the applicant shall do the same at its end in supporting his opposition case against the trademark application
- Hearing or submissions: UKIPO shall schedule a hearing if the matter is complicated to be decided upon, but most of the time, the matter is aptly resolved through written submissions.
- Final Decision: The UKIPO would analyse all the information acquired from the parties concerned and then decide on whether to accept the trademark opposition or not. At The Trademark Helpline, we take care of everything for you—from filing paperwork to dealing with the UKIPO—so you can focus on what you do best: running your business.
What Happens After Filing an Opposition?
Once you’ve filed your opposition, the applicant gets two months to respond. If they don’t file a defence, their application could be withdrawn. If they do defend it, both sides will present evidence, and the UKIPO will make a decision. Sometimes, a hearing will be called, but that’s not always the case.
If you win the opposition, the application will be refused or limited. If not, there’s still the option to appeal.
Why Choose The Trademark Helpline?
When it comes to navigating the opposition to trademark applications, experience matters. At The Trademark Helpline, we’ve helped countless businesses protect their brands from potentially harmful trademarks.
Here’s what we do:
- Assess your case to determine the best approach
- Handle the filing of TM7 and TM7a forms
- Manage communication with the UKIPO and the other party
- Collect and submit evidence to back your case
- Represent you in hearings or handle written submissions
We take care of the tricky legal stuff so you don’t have to.
Whether you have a trademark to oppose or a a trademark opposition to defend, it’s essential to act quickly.
With our help, you can make sure your brand stays protected by opposing the registration of any conflicting trademarks or managing trademark oppositions to give you the best chance of securing your trademark registration. Contact The Trademark Helpline today, and let us guide you through the trademark opposition process in the UK.
What our customers think
I cannot recommend The Trademark Helpline highly enough. From the very beginning, the process of registering my trademark with them was smooth and stress-free. Their expertise and communication were excellent – they kept me informed every step of the way and were always happy to answer any questions I had. A special thanks to Alex for his fantastic work in securing my trademark. His professionalism and attention to detail were truly impressive. Thanks to The Trademark Helpline, I now have the peace of mind that my brand is protected. I wouldn’t hesitate to recommend them to anyone needing assistance with trademarks. Best wishes, Isabel
“Thank you so much to everyone at The Trademark Helpline, you have all been terrific! I have received a very thorough and professional service and Richard even assisted me with the design and branding of my company, he really went the extra mile. So thank you all very, very much!”
“The service levels of The Trademark Helpline have massively exceeded my expectations. I have been very impressed and I would have no hesitation in recommending The Trademark Helpline.”
“The Trademark Helpline provided us with a thorough and professional service when we registered our trademark. Shortly afterwards they notified us of a potential infringement on our mark via the monitoring service. The speed and professionalism with which Ric successfully resolved the issue on our behalf was impressive and this work was dealt with promptly at a very affordable cost!
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