Problems & solutions library
Trademark problems and solutions
Wrong class, an objection, an opposition, a missed renewal or a copycat brand: the problems that actually put a trademark at risk are rarely covered by "how to register" guides. This library collects the problems brand owners and their attorneys bring to us, organised by stage, with the cause, the fix and how to avoid it next time.
- The trademark search shows a similar mark already filed
- The application was filed in the wrong class
- The trademark was filed in the wrong owner's name
- Claimed an old "user date" but cannot prove it
- Examination report issued: what to do next
- Section 9 objection: mark is descriptive or not distinctive
- Section 11 objection: similar earlier mark cited
- Missed the deadline to reply to the examination report
- Our trademark has been opposed
- Missed the two-month counter-statement deadline
- Opposition evidence stage: what to file and when
- A copycat mark is advertised in the Journal: how to oppose it
- Missed the trademark renewal date
- Ownership changed, but the register still shows the old owner
- Business address or contact details changed
- Using ® before registration
- Someone is using our brand name or a similar one
- We received a trademark legal notice
- We used the brand first, but someone else registered it
- Copycat listings on Amazon, Flipkart or social media
How each answer is organised
- What you see: the error, remark or notice, in the words the portal or officer uses.
- Why it happens: the rule or data mismatch behind it.
- How to fix it: the steps, in the order that works.
- Avoid it next time: the habit that prevents it, plus the section or rule it comes from.
Your problem is not listed? Tell us what you see on the portal or in the notice. We add new problems to this library as clients bring them to us.
Ask about your problemThis 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