Trademark opposition

Posted by Jane on October 25, 2013 / Posted in Trade Marks
When a trade mark application is accepted it is advertised in the UKIPO on-line Journal. There is then a two month period (extendable to three months) in which parties may oppose its registration.

There are two ways in which a mark can be objected to;

Third party observations

At any point after the trademark application has been accepted and published an application for registration, and before it is actually registered, anyone can make ‘third party observations’.

You can tell the UKIPO if you think that we accepted the application in error, bringing to our attention any relevant facts of which we may not have been aware at the time we accepted the application.

Making a third party observation is not a formal legal action, and the UKIPO are not bound to act on them. They may, however, rely on evidence given in an observation to support any later objection to the application.

Opposing a trade mark

Alternatively, if you wish to formally raise legal objections to the trade mark application you can oppose the application. Opposition is the legal procedure that allows you to try to stop a published mark going on to become registered.

You can oppose the entire application, or only some of the goods or services it covers.

Contact jane@trademarkroom for further advice

Jane Coyle
This entry was posted on October 25, 2013 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.