Publication for Opposition
If, following examination, the trade mark application is accepted, full details of the application will be published in the trade mark registry’s trade mark journal. The journal is open to public inspection.
Following publication, the trade mark application will remain suspended for an “opposition period”, during which time any third parties may seek to object to the registration of your trade mark application by filing an opposition. In the UK, the opposition period lasts two months from the date of publication but can be extended to three months where a third party has notified the trade mark registry that it is deciding whether to lodge an opposition. For European Community trade marks, the opposition period lasts three months from the date of publication.
If your trade mark application is opposed, you will be notified and will have the opportunity to defend the opposition. Depending on the nature of the opposition, it may be possible to reach an amicable resolution with the opposing party. However, if the opposition cannot be resolved amicably and the opponent is successful in its objections to your registration, your application will be refused and you may be liable for the opponent’s legal costs.
If there are no oppositions to your application during the opposition period, or if such oppositions are resolved, your application will proceed to registration.