Trade mark opposition lawyers help businesses challenge applications that threaten existing brand rights before they become registered.
A published trade mark application can put your brand, product plans or future growth at risk before there has been any copying or direct infringement. A trade mark opposition lawyer helps you challenge an application that sits too close to your name, logo or product mark before it becomes registered.
We advise UK businesses on trade mark oppositions, UK IPO proceedings, brand clearance, settlement negotiations and wider intellectual property protection. Opposition deadlines are short. Early advice gives you time to assess the risk, protect your position and decide whether to oppose, negotiate or agree a commercial outcome.
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Trade mark opposition is a formal objection to a trade mark application before it becomes registered. The applicant may not be using the mark yet, and there may be no copied packaging, fake listing or public dispute. The concern is what the application could allow them to control if it proceeds to registration.
That matters where the application looks or sounds too close to your existing brand, covers similar products or services, creates a risk of customer confusion or could limit how your business grows in the future. Most businesses don’t discover a problem when a trade mark is registered. They discover it when the application is published and the clock starts ticking.
We will review the application, assess your rights and explain whether opposition makes commercial sense. Some applications can be resolved through negotiation. Others require formal UK IPO opposition proceedings.
Trade mark opposition is not open-ended. The clock starts when the application is published by the UK IPO.
The usual timeline is:
We often see businesses become aware of a conflicting application late in the opposition period. The earlier you review the application, the more options you usually have.
A short review can tell you whether the application is a genuine threat, whether the deadline can still be extended and whether formal opposition is worth the cost.
A trade mark opposition is worth considering when a new application could affect your ability to trade, grow or protect the reputation you have built.
You should take advice where:
A strong opposition starts with a clear objective. You may want the application withdrawn, narrowed or you may simply want clear boundaries that allow both businesses to move forward.
Trade mark oppositions rarely follow a script. The right approach depends on the strength of your rights, the applicant’s position and what outcome you are trying to achieve.
We can help with:
Not every opposition needs to run to a final decision. Many are resolved through negotiation, especially where the risk can be managed by narrowing the application, agreeing restrictions or setting clear boundaries between the parties.
A trade mark opposition does not mean your application has failed. It means another party has challenged it.
We advise applicants on notices of threatened opposition, formal opposition proceedings, counterstatements, amendments to goods or services, settlement proposals and UK IPO deadlines.
Do not ignore the opposition. Do not rush into concessions either.
A calm, structured response gives you the best chance of protecting the parts of the application that matter and identifying where compromise may be possible.
A trade mark opposition often highlights wider brand protection issues. We regularly find that an opposition uncovers gaps in a trade mark portfolio that have gone unnoticed for years. Your existing registrations may no longer cover the products, services or territories that matter to the business. Your contracts may not control how suppliers, distributors, licensees or commercial partners use your brand assets.
We can advise on trade mark portfolio reviews, new applications, brand clearance, licence agreements, coexistence agreements, settlement terms and wider brand protection strategy.
Where the issue has moved beyond an application and another business is already using your brand in the market, you may also need advice from a trade mark infringement lawyer.
A published trade mark application can create commercial problems long before a trade mark is registered.
You will work directly with an experienced partner who understands trade marks, commercial risk and the practical consequences of getting brand protection wrong.
We are recognised by The Legal 500 and advise businesses across technology, software, manufacturing, retail, hospitality, creative industries and professional services.
A successful opposition is not always the one that wins every point. It is the one that achieves the outcome your business needs.
Not every opposition needs to run to a final decision. Sometimes the best outcome is a sensible agreement that protects your position and allows the business to move forward.
The usual opposition period is two months from publication. A notice of threatened opposition can extend the opposition period to three months for the party filing it.
Yes, in some cases. A registered trade mark gives clearer rights, but unregistered rights, goodwill and passing off may also support an opposition. The strength of the case depends on your evidence.
No. Trade mark opposition deals with an application before it becomes registered. Trade mark infringement deals with the unauthorised use of a registered trade mark in the market.
Trade mark opposition deadlines move quickly. A published application can become harder to challenge once the opposition window has passed.
If a published application could affect your brand, or your own application has been opposed, take advice before the position becomes harder to manage.
Speak to an Asenda Law trade mark opposition lawyer.
Reach out to us from our contact form and we will get back to you shortly.
Thanks for your enquiry!
We're looking into it and if a response is required we'll get back to you shortly.
We've also sent you a confirmation email. Please also check your spam folder.
Something went wrong submitting your enquiry,
it’s probably just a temporary problem so you should try again in a few minutes.
If you find that the form just won’t work you could email us directly at .
Sorry for any inconvenience this has caused you.
With a reputation as one of the UK’s leading intellectual property lawyers (World Trademark Review 1000), Ben has extensive experience in IP strategy, management, and enforcement. His career spans work with listed companies, Premier League clubs, international cinema chains, and innovative tech firms.
Known for his ability to break down complex legal matters, Ben advises clients on their IP and commercial strategies, providing a clear understanding of risks, outcomes, and opportunities. He has also led high-stakes negotiations and lectured internationally on IP and technology law, underscoring his commitment to knowledge-sharing in the industry.
Tom’s legal practice focuses on commercial and intellectual property matters, making him a trusted advisor for creative businesses across the UK. He has a particular focus on IP enforcement and litigation in the Intellectual Property Enterprise Court, the UK IPO, and the High Court. He is listed as a Recommended Individual by the World Trademark Review 1000 and is described as “excelling in managing contentious proceedings across various forums, achieving top results at the UKIPO, IPEC and High Court”. Tom represents clients from sectors as varied as AI companies, luxury goods houses, international cosmetics brands, and multi-national restaurant chains.
Before co-founding Asenda Law, Tom worked in private practice at one of London’s top IP boutiques and served as in-house IP Counsel for the EMEA region at a US-listed company.
Mark’s practice covers a broad spectrum of IP and IT law, advising clients ranging from start-ups to listed companies in industries like finance, fashion, and SaaS. He has represented clients in design, trademark, and domain disputes before the UK and EU Intellectual Property Offices, as well as in the High Court and other dispute resolution forums.
Mark’s extensive experience in both contentious and non-contentious matters means he’s well-equipped to guide clients in protecting and commercialising their IP assets with confidence.
Lindsey manages an extensive trademark portfolio for clients across the UK, Europe, and globally, ensuring compliance and protection across jurisdictions.
A former forensic accountant, Lindsey brings analytical precision to her role, overseeing IP applications, renewals, and office actions. Her knowledge of both IP and finance makes her indispensable in managing our clients’ ongoing trademark needs and addressing complex administrative matters with clarity.
With a robust background in commercial law, Helen transitioned to IP in 2015, quickly becoming an invaluable part of Asenda Law’s team.
She manages client care, accounts, finance, and HR, overseeing the daily operations that ensure our firm runs smoothly. Helen’s meticulous approach and years of experience make her a trusted point of contact for both clients and colleagues.
