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A UK trade mark application can meet two kinds of obstacle: an objection from the UK Intellectual Property Office (UKIPO) during examination, or an opposition from another trade mark owner after publication. Both can usually be managed with the right response.
UKIPO objections
- Objections are based on absolute grounds under section 3 of the Trade Marks Act 1994, for example that the mark is descriptive or lacks distinctiveness.
- The examination report sets a deadline to respond.
- Options include written arguments, evidence that the mark has become distinctive through use, or amending the specification.
Oppositions
- Owners of earlier marks can oppose on relative grounds under section 5, for example because the marks and goods are identical or confusingly similar.
- A notice of threatened opposition extends the opposition period from two to three months.
- Once an opposition is filed, the applicant must file a defence within the deadline, or the application may be treated as abandoned.
- A cooling-off period allows the parties to negotiate a settlement, such as a coexistence agreement or a narrowed specification.
Opposing someone else’s mark
If a new application conflicts with your brand, you can oppose it. Watching services help you spot conflicting applications in time.
Related services
- UK trade mark clearance searches
- UKIPO filing process
- Classes and specification
- UK domain name disputes
Facing an objection or opposition? Contact PAD International Group or ask a free question online. You can also return to UK trade mark registration.
General information only, current as of November 2026. It is not legal advice for a specific matter.