Problems & solutions · Opposition

Trademark opposition problems and how to fix them

Opposition is the stage where an earlier brand owner (or anyone) objects to your mark after it is advertised in the Trade Marks Journal. The deadlines here are strict and mostly cannot be extended. Here is what to do on either side of an opposition.

6 problems solvedFor brand owners, trademark attorneys and agentsLast reviewed: 5 October 2026

Brand owners & professionals

Our trademark has been opposed

What you see

The status shows "Opposed", and a notice of opposition (Form TM-O) is served on you.

Why it happens

  • After advertisement in the Journal, any person can file an opposition within four months. Usually it is the owner of a similar earlier mark.

How to fix it

  1. Read the notice of opposition and the grounds.
  2. File a counter-statement (Form TM-O) within two months of receiving the notice. If you do not, the application is treated as abandoned.
  3. Collect evidence of your own use and of differences between the marks for the evidence stage.

Avoid it next time

Search properly before filing to reduce opposition risk, and keep the address for service current so the notice reaches you.

Law: Section 21, Trade Marks Act 1999; Rules 42 to 44, Trade Marks Rules 2017 Status: opposed →Opposition help → #
Brand owners & professionals

Missed the two-month counter-statement deadline

What you see

The two months to file the counter-statement have passed.

Why it happens

  • The two-month period is fixed by Section 21(2) of the Act itself, so the Registrar's general power to extend time does not apply to it. If no counter-statement is filed in time, the application is deemed abandoned.

How to fix it

  1. Check whether and when the notice of opposition was actually served, because the period runs from receipt.
  2. Take advice quickly on any remedy. If the application is treated as abandoned, consider a fresh application.

Avoid it next time

Diary the two-month deadline the day the notice arrives.

Law: Section 21(2), Trade Marks Act 1999 Opposition help → #
For professionals

Opposition evidence stage: what to file and when

What you see

The counter-statement is filed, and you are unsure about the evidence steps.

Why it happens

  • After the counter-statement, the opponent files evidence in support of the opposition, the applicant files evidence in support of the application, and the opponent may file reply evidence, each within set periods.

How to fix it

  1. Track each period from the date the other side's evidence is served.
  2. File evidence by affidavit with documents: sales, advertising, invoices, first use, the market reality of the goods.
  3. If the opponent neither files evidence nor tells the Registrar in writing, within two months, that it relies on its notice of opposition, the opposition is deemed abandoned. The same rule applies to you as applicant: if you file nothing within two months of receiving the opponent's evidence, your application is deemed abandoned. These periods cannot be extended.

Avoid it next time

Collect use evidence continuously, not only when an opposition arrives.

Law: Rules 45 to 47, Trade Marks Rules 2017 #
Brand owners & professionals

A copycat mark is advertised in the Journal: how to oppose it

What you see

You find a mark similar to yours advertised in the Trade Marks Journal.

Why it happens

  • Opposition must be filed within four months of the Journal date. This period cannot be extended.

How to fix it

  1. Note the Journal date and the four-month deadline.
  2. File a notice of opposition (Form TM-O) with the government fee, stating the grounds: your earlier mark, prior use, bad faith or descriptiveness.
  3. Gather proof of your earlier use and reputation for the evidence stage.

Avoid it next time

Set up regular watching of the Journal for marks similar to yours.

Law: Section 21(1), Trade Marks Act 1999 Accepted and advertised → #
For brand owners

Status shows "Advertised before Accepted"

What you see

The mark was published in the Journal before being formally accepted.

Why it happens

  • The Registrar may advertise an application before acceptance where the mark faces a distinctiveness objection (Section 9(1)) or a conflict with an earlier mark (Section 11(1) or (2)), or in other exceptional circumstances. This lets others oppose it before a final decision.

How to fix it

  1. Watch for oppositions during the four-month period.
  2. If there is no opposition, the application proceeds towards registration, subject to any remaining conditions.

Avoid it next time

Respond quickly to every Registry communication so the application keeps moving.

Law: Section 20(1), Trade Marks Act 1999 Trademark status guide → #
For brand owners

Can an opposition be settled?

What you see

Both sides want to avoid a long opposition.

Why it happens

  • Oppositions often end in settlement: a co-existence agreement, a narrowed specification, or a modified mark.

How to fix it

  1. Agree the terms in writing: which goods each side covers and any changes to the marks.
  2. File the appropriate request: the opponent withdraws, or the applicant amends the specification.

Avoid it next time

Consider co-existence early if your markets genuinely differ.

Law: Trade Marks Act 1999; Trade Marks Rules 2017 Opposition help → #

Stuck on one of these right now? Send us the application number, the notice or a screenshot of the status. We will tell you the fix and the deadline, and file it for you if you want.

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More problems and fixes

This library gives general guidance on the Trade Marks Act 1999 and Trade Marks Rules 2017 as they stood on the review date. Portals and rules change. Check the current form instructions, or ask a professional, before acting on a deadline or a notice. Related: Trademark FAQ · Trademark status guide · Trademark Objection Opposition · Trademark Status Opposed · Trademark Status Accepted And Advertised

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