Trade mark registries can object to a trade mark application on absolute grounds – any of the reasons given in our answer to the question ‘What is not allowed as a registered trade mark?’. You as the applicant then have an opportunity to put forward counter-arguments. If these are not accepted by the registry there is a subsequent appeals process.
The UK registry also checks for similarity. The applicant is notified of similar marks, and the holders of those marks are also informed of the application. Holders of the existing registered trade marks are then free to oppose if they wish; however the registry will not reject an application on the basis of similarity unless opposition is encountered and upheld.
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 objections. 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.