What happens if the Trade Mark is opposed by a third party?
q For UK Applications, within three months of the official advertisement, the opposer files a notice and grounds of opposition. Subject to the possibility of extending a cooling off period if the parties are negotiating, in reply, the applicant rebuts the opponents claims or withdraws the application. At this stage, the Registrar issues a Preliminary Indication (opinion) if the opposition is based on prior registered rights. Assuming the parties elect to continue the proceedings, thereafter, within set time limits, the parties are invited to file evidence in support of their positions – the opponent must file evidence to maintain the opposition. If appropriate, the opponent is able to submit evidence in reply. Often a final oral hearing is held before the Registrar to argue the case following which an official decision is issued. q For CTM Applications, within three months of the official advertisement, the opposer files a notice and grounds of opposition. The Office then sets dates fo
