What is an opposition

In trade mark terms, an opposition is a formal objection to an action. Anyone is able to make an opposition.

The following can be opposed:

an application to register a trade mark that has been advertised as accepted (this includes certification and defensive trade marks)
an application to remove a trade mark from the Register of Trade Marks because it has not been used
an application for an extension of time of more than three months (under section 224 of the Trade Marks Act 1995)
an application for an amendment to a trade mark application (under section 65A of the Trade Marks Act 1995).

What parts of the Act apply?

For opposition to the registration of trade mark applications, see Part 5 of the Act and Part 5 of the Regulations.
For oppositions to applications to remove a trade mark from the register on grounds of non-use see Part 9 of the Act, and Part 5 and Part 9 of the Regulations.
For opposition to extensions of time see section 224 of the Act, and Parts 5, 21.26 and 21.27 of the Regulations.
For opposition to amendments see section 65A of the Act and Parts 5, 6.5 and 6.6 of the Regulations.

For specific assistance and advice you can contact an IP professional.

There are fees associated with oppositions.

Last Updated: 29/9/2011