Trademark Opposition
Oppose a mark, or defend yours against one.
Once a mark is accepted it is published in the Trade Marks Journal, and anyone may oppose it within four months. Opposition is how a proprietor stops a conflicting mark reaching the register without going to court.
The sequence is fixed and unforgiving on time. A notice of opposition in TM-O, then a counter-statement from the applicant within two months — miss that and the application is abandoned outright — then evidence by affidavit from each side, then a hearing.
Whichever side you are on, the evidence stage decides it. Prior use, sales figures, advertising spend and market recognition are what the registrar weighs, and they have to be proved with documents rather than asserted.
What is included
- Notice of opposition or counter-statement drafted and filed
- Evidence affidavit under Rule 45, 46 or 47
- Hearing representation before the registrar
- Settlement or coexistence agreement where that is the better outcome
What we need from you
- The journal publication or the opposition notice received
- Your registration or application details
- Evidence of use — invoices, advertising, packaging, turnover
- Power of attorney in TM-48
Questions
How long do I have to oppose a trademark?
Four months from the date the mark is published in the Trade Marks Journal. The period is not extendable, and once it lapses the mark proceeds to registration.
What happens if I do not file a counter-statement?
The application is deemed abandoned. The two-month window for the counter-statement is strict, and abandonment for missing it is the single most common way a good application is lost.
Also in Trademark & IP
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Get started with Trademark Opposition
Tell us a little about the business and a chartered accountant will call you back. You will get a firm quote before any work begins.
- A qualified accountant on the call, not a call centre
- A firm quote before any work begins
- Your details are never sold or shared