When a UK trademark application is published in the Trade Marks Journal, anyone can oppose its registration within a 2-month opposition period. Whether you are challenging a conflicting mark or defending your own application, the UKIPO process rewards people who know the sequence and the deadlines.
This guide covers the whole procedure, from filing to decision, from both sides.
Pro tip: If you have not filed yet, clearing the name first is cheaper than arguing about it later. Start with a free trademark check.
The Opposition Period
After the UKIPO examiner approves an application on absolute grounds, the mark is published in the UK Trade Marks Journal.
- Opposition period: 2 months from the publication date
- Extension: a further 1 month if the potential opponent files Form TM7A (Notice of Threatened Opposition)
- Maximum: 3 months from publication
The TM7A extension is common. It gives the potential opponent time to assess the conflict and try to settle before formal proceedings start.
Grounds for Opposition
Oppositions can rest on relative grounds (Section 5 of the Trade Marks Act 1994), absolute grounds (Section 3), or both. If any of the section numbers below are unfamiliar, our glossary explains the terms in plain English.
Relative Grounds (Section 5)
- Section 5(1): the mark is identical to an earlier mark for identical goods or services
- Section 5(2): the mark is similar to an earlier mark for identical or similar goods or services, and there is a likelihood of confusion
- Section 5(3): the mark is identical or similar to an earlier mark with a reputation, and use would take unfair advantage of it or be detrimental to it
- Section 5(4): the mark conflicts with an earlier right such as passing off, copyright, or design right
Absolute Grounds (Section 3)
Third parties can also raise grounds the examiner did not:
- lack of distinctiveness
- descriptiveness
- bad faith filing
- deceptive marks
The Opposition Process, Step by Step
Step 1: Filing the Opposition (Form TM7)
The opponent files Form TM7 with the UKIPO, setting out:
- the earlier mark or marks relied on
- the grounds of opposition
- the goods and services opposed
- a statement of case
Filing fee: GBP 250 for the TM7. There is no extra per-mark fee for additional earlier marks relied on. Professional fees are separate, and our pricing page sets out what we charge.
Step 2: Notification and Cooling-Off Period
The UKIPO notifies the applicant and sets a cooling-off period, typically 9 months and extendable. During it:
- both sides are encouraged to negotiate
- the applicant can withdraw or narrow the application
- the opponent can withdraw the opposition
- many oppositions settle here
The GTC advantage: our trademark opposition service includes negotiation during the cooling-off period, which often resolves the dispute without the cost of full proceedings.
Step 3: Evidence Rounds
If there is no settlement, the case moves to evidence:
- Evidence in support: the opponent files evidence supporting its case, typically 3 months
- Evidence in defense: the applicant responds, typically 3 months
- Evidence in reply: the opponent may file further evidence, typically 3 months
Step 4: Decision
The Hearing Officer reviews the evidence and the written submissions, and issues a decision on the papers or after an oral hearing if either side requests one.
Step 5: Costs
The UKIPO usually awards costs to the successful party on a published standard scale, not on actual spend. That means a winning party recovers a contribution towards its costs rather than the full bill, and the amount is set by reference to the stages the case actually reached. Budget on the basis that you will carry most of your own professional fees either way.
Proof of Use Defense
If the opponent's earlier mark has been registered for 5 years or more, the applicant can put the opponent to proof of genuine use under Section 6A of the Act.
The opponent then has to show genuine use in the UK for the goods and services relied on, within the 5-year period before the application or publication date. If it cannot, the opposition fails, or narrows to the goods and services where use is proven.
Defending Against Opposition
Strategy 1: Challenge the Grounds
Test whether the opposition is well founded. Is the earlier mark genuinely similar? Do the goods and services really overlap? Does the opponent have the reputation a Section 5(3) claim needs?
Strategy 2: Negotiate a Coexistence Agreement
Many oppositions end in a coexistence agreement where both sides accept limits: different goods and services, different territories, or different trade channels.
Strategy 3: Narrow Your Application
If the conflict is confined to a few goods or services, removing the overlap can end the dispute quickly.
Strategy 4: Request Proof of Use
Where the earlier mark is 5 years old or more, asking for proof of use can shrink the opponent's case to what it actually sells.
Strategy 5: Cross-File Cancellation
If the opponent's own mark looks vulnerable on non-use, genericness, or bad faith, a cancellation action against it changes the balance of the negotiation.
Timeline and Duration
| Stage | Typical duration |
|---|---|
| Opposition period | 2 months, plus 1 month with a TM7A |
| Cooling-off period | 9 months, extendable |
| Evidence rounds | 9 to 12 months |
| Decision | 1 to 3 months after the final evidence |
| Total, if contested | 18 to 24 months or more |
UK vs EU Opposition: Key Differences
| Feature | UK (UKIPO) | EU (EUIPO) |
|---|---|---|
| Opposition period | 2 months, plus 1 month extension | 3 months |
| Filing fee | GBP 250 | EUR 320 |
| Cooling-off period | 9 months, extendable | 24 months maximum |
| Costs awards | Standard scale, a contribution only | Fixed scale, a contribution only |
| Proof of use threshold | 5 years from registration | 5 years from registration |
For the EU procedure in detail, see our EU trademark opposition guide. For UK filing basics, see the United Kingdom country guide.
Challenging a Mark, or Defending Yours
Oppositions are won on preparation: the right grounds, evidence that is dated and verifiable, and a realistic view of settlement. Our team runs both sides of UKIPO proceedings, and our UK trademark service covers everything from the original filing to the hearing.
Sources
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Frequently Asked Questions
How much does it cost to oppose a UK trademark?
The UKIPO filing fee for Form TM7 is GBP 250. Professional fees depend on how far the case runs and whether it settles in the cooling-off period.
Can I oppose a UK trademark from outside the UK?
Yes. Anyone can file an opposition. Appointing a UK representative to run the proceedings is usually the practical choice.
What happens if I do not respond to an opposition?
If you do not file a counter-statement in time, the UKIPO can treat your application as withdrawn and award costs to the opponent. This is the single most common way a defensible application is lost.
Can I negotiate with the opponent before a decision?
Yes, and the UKIPO encourages it. Coexistence agreements, amendments to the application, and withdrawals all resolve cases during the cooling-off period.
How long does a UK trademark opposition take?
A fully contested opposition usually runs 18 to 24 months from filing to decision. Cases that settle during the cooling-off period often finish in 3 to 9 months.
What if I lose the opposition?
Your application is refused in whole or in part. You can appeal to the Appointed Person or to the High Court, and you may be ordered to contribute to the opponent's costs.
Can I still use my brand if the opposition succeeds?
A refusal means you have no registration. Whether you can keep using the name depends on the facts, and continued use may expose you to an infringement claim from the opponent. Take advice before you decide.
