Trademark Opposition
An objection comes from the examiner. An opposition comes from another business. They arrive at different stages and need completely different responses.
Objection and opposition are not the same thing
| Objection | Opposition | |
|---|---|---|
| Who raises it | The examiner, at the registry | A third party, usually another business |
| When | After examination, before publication | After publication in the journal |
| What it is about | The mark itself under sections 9 and 11 | Someone else's claim that your mark affects their rights |
| Response | A written reply addressing the objections | A counter-statement, then evidence, then a hearing |
| If ignored | Application treated as abandoned | Application treated as abandoned |
Both kill the application by silence rather than by decision, which is why watching the status matters more than most applicants realise. See our pages on objection replies and checking your status.
Written 5 September 2026. Government requirements and portal behaviour change — message us to confirm before you rely on any date or figure here.
If your mark is opposed
An opposition is a contested matter and it takes longer than an objection. A counter-statement has to be filed within the prescribed time, and then both sides file evidence, and there is usually a hearing.
The realistic question early on is commercial rather than legal: how much is this mark worth to you? Opposition proceedings take time and cost money. Sometimes the answer is to fight, sometimes it is to negotiate a coexistence arrangement, and occasionally it is to accept that a different name is cheaper than the fight.
We will lay out those options honestly rather than assume you want the longest one.
If you want to oppose someone else's mark
Marks are published in the journal precisely so that anyone affected can object. If a mark too close to yours is published, there is a window to oppose it, and the window does not reopen.
That means someone has to be watching the journal. Businesses with valuable marks arrange a watch for exactly this reason — opposing at publication is far cheaper than dealing with a registered conflicting mark later.
Common questions
Send us your case
Send us the notice and your application number. The date on it sets the deadline, so that is the first thing to establish.
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What comes before filing, and what comes after.