If your UK trademark has been opposed, don’t panic. Trademark opposition is a standard part of the registration process and often manageable with the right approach. This guide explains what to do step by step — especially if you're looking for help with trademark opposition.
1. Read the Notice of Opposition Carefully
The UK Intellectual Property Office (UKIPO) will send you Form TM7 – Notice of Opposition. This outlines:
- Who is opposing your trademark
- The legal basis for the opposition
- The deadline to respond (typically 2 months)
Understanding the timeline is crucial. Failing to respond on time can result in automatic rejection of your trademark application.
2. Request a Cooling-Off Period (Optional)
You can request a cooling-off period within the opposition response window. This offers up to 18 months to negotiate or settle the matter informally — a valuable step if you’re seeking help with resolving a trademark opposition dispute without litigation.
The cooling-off period is ideal if:
- You want to negotiate coexistence
- The opposition isn’t aggressive
- You prefer to avoid formal legal proceedings
3. Choose Your Response Strategy
Depending on the strength of the opposition and your brand position, you can:
a) File a Counterstatement
This is your formal legal response to the opposition. It must be submitted within 2 months (or 3 if cooling-off applies). You’ll need to explain why the opposition should fail. Missing this deadline means losing your application.
b) Withdraw the Application
If the opposition is strong and unlikely to be overcome, you might consider withdrawing your application to avoid further costs.
c) Negotiate a Settlement
You may reach out to the opposing party to explore:
- A coexistence agreement
- Limiting your goods/services
- Making minor branding changes
Negotiation can often resolve trademark opposition without the need for a full legal battle.
4. Prepare for Evidence Rounds
If both parties proceed formally, UKIPO will require submission of evidence. You’ll need to:
- Provide proof of use (if relevant)
- Defend your position clearly
- Prepare for either written or oral hearings
Being well-prepared is key to succeeding in any trademark opposition case.
5. Get Help with Trademark Opposition
Professional support can make a big difference. A trademark attorney can:
- Assess the strength of the opposition
- Draft your counterstatement
- Negotiate on your behalf
- Represent you at hearings
Getting help with trademark opposition from an experienced advisor can protect your brand and improve your chances of success.
Final Thoughts
Trademark oppositions in the UK are common, but they don’t have to derail your brand. Whether you decide to defend, negotiate, or withdraw, taking prompt and informed action is essential. For tailored help with trademark opposition, consider seeking legal advice early in the process.
