IP basics: what is a notice of threatened opposition?

When applying to register a UK trade mark, you may receive a notice of threatened opposition. This does not happen in every case and therefore may not be something you are aware of and know how to deal with.

When an application is filed within the UK, once it has been examined by the UK Intellectual Property Office, the application is published for 2 months. During this time, earlier trade mark owners can file an opposition if they feel your application conflicts with their earlier right.

The earlier mark owner has two options, they can file their opposition straight away within the two month period, if they have their arguments together. Their second option is to file a Notice of Threatened Opposition. This allows then a further month to consider their options and puts the applicant on notice that they are aware of their application and may file an opposition. The Notice of threatened opposition will not mean anything if its not followed up by a formal opposition, but can be a good tool to push the applicant to withdraw their application without the need to formally oppose.

Lawdit Solictors IP team can help you on both sides of a dispute. If you are considering opposing an application, we can assist you in preparing and filing the Notice to allow you that extra month.

On the flipside, if you receive a Notice in respect of an application you have filed, please get in touch with the team who can guide through your options.

While we are not in the office, the whole Lawdit team are working from home and are ready to assist you at any time with any matter, please get in touch today.

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