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What happens if my trade mark application is opposed?

If after the details of your trade mark application is published other trade mark owners oppose on the basis of visual, aural or conceptual similarity you have the opportunity to put forward counter-arguments or reach an agreement with them over shared or restricted usage. The trade mark officials at the registries then make a judgement. There is a subsequent appeals process.

Important: Trade Mark Direct does not put forward applications to the registries unless we believe they will succeed and currently have a 98% success rate on our guaranteed applications. Please note, however, we do not support applicants in overcoming oppositions. We can recommend experienced trade mark agents for which, if you choose to pursue your application, you will have to pay additional fees. If you choose not to pursue the application to the full extent possible all rights under our guarantee scheme lapse, so you will not be reimbursed our fees or statutory fees.

Updated on 15th September 2020

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