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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

ObjectionOpposition
Who raises itThe examiner, at the registryA third party, usually another business
WhenAfter examination, before publicationAfter publication in the journal
What it is aboutThe mark itself under sections 9 and 11Someone else's claim that your mark affects their rights
ResponseA written reply addressing the objectionsA counter-statement, then evidence, then a hearing
If ignoredApplication treated as abandonedApplication 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

There is a prescribed period for the counter-statement and missing it means abandonment. Send us the notice the day you get it — the date on it decides everything.

Often, yes. Coexistence agreements are common where the businesses are genuinely in different fields. It is usually faster and cheaper than fighting it out.

It depends on how close it is, whether the fields overlap, and what your mark is worth. Send us both and we will give you a straight view rather than encourage a fight.

Considerably longer than an objection, because evidence and hearings are involved. That is a factor in deciding whether to contest at all.

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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