A trade mark is a practical way to protect your brand identity because it helps customers recognise your goods or services and distinguishes them from competitors. However, protection can be undermined if another business applies to register a mark that is identical or confusingly similar to yours. This article explains key stages, deadlines, and forms involved in the opposition process.
When can you oppose a UK trade mark?
When the UK Intellectual Property Office (UKIPO) accepts a trade mark application, it is published in the online Trade Marks Journal. This is an official weekly publication listing accepted trademark applications, amendments, and registrations. Published every Friday, it enables brand owners to monitor new filings and oppose registrations within two months if they conflict with existing rights.
From publication, third parties have an initial two-month period to object to the trade mark by filing form TM7. If you need more time to collect evidence or take advice in the interim, you can extend the opposition window by one month by filing a notice of threatened opposition via form TM7A without a fee.
The opposition framework is set out in section 38 of the Trade Marks Act 1994 and the Trade Mark Rules 2008.
Before you file: Contact the applicant
UKIPO expects parties to try to resolve disputes sensibly where possible. A costs award might be denied to an opponent who files an opposition without allowing the applicant sufficient opportunity to withdraw or amend, leading to an undefended opposition. A letter to the applicant is advisable, as it sometimes leads to withdrawal of the application, a restriction to the goods or services, or a coexistence agreement.
Standard opposition and fast-track opposition
A standard opposition via form TM7 is the usual route. It can be based on absolute grounds, relative grounds, or both. UKIPO will allow oppositions against all parts of the specification. Fast-track opposition through form TM7F is designed to be quicker but is limited as it is only available to the owner of an earlier trade mark and can be brought on identity and or likelihood of confusion grounds. UKIPO can convert fast-track cases into a standard opposition if appropriate. The cost for fast-track cases are capped at £600, excluding official fees, subject to certain exceptions.
Common grounds for opposing a trade mark
Oppositions commonly rely on the likelihood of confusion where similar marks cover identical or similar goods or services, earlier rights and reputation, bad faith where the applicant attempts to exploit your reputation and non-distinctive, descriptive or generic marks.
Filing the opposition and the fees
From 1 April 2026, UKIPO fees are:
- Notice of opposition TM7 costs £125 (based on only sections 5 (1) and (2) of the Trade Marks Act 1994)
- Notice of opposition TM7 costs £250 (other grounds)
- Fast track opposition TM7F costs £125
Another method for opposition is through third-party observations. You can tell the UKIPO a trade mark was accepted in error and provide new relevant facts. As it is not a formal legal action, UKIPO is not bound to act on the observation however, evidence provided in an observation can be relied on to support a later objection to the application. This is sent to the applicant and becomes public after publication. Third parties can avoid disclosing personal information by submitting anonymously by post or emailing a redacted attachment.
What happens after you file?
UKIPO checks formalities and serves the opposition on the applicant. The applicant then has 2 months to file form TM8 which is a defence and counter statement. Parties can jointly request, with consent, to a cooling-off period via form TM9C which allows them to negotiate for 9 months. This can be extended up to 18 months by filing form TM9E. If negotiations break down, the applicant can proceed by filing form TM8, or the opponent can end the cooling-off period using form TM9T. If the earlier mark is over 5 years old, the applicant may require proof of genuine use.
Nath Solicitors provide expert advice on Intellectual property. If you need assistance, please call us on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.