Trademark Opposition — Defended, Stage by Stage.
Opposition is a formal proceeding with strict deadlines — a counter-statement, evidence in support, evidence in reply, and often a hearing. Missing a stage can mean losing the mark by default.
Contact UsOnce a trademark is published in the Trade Marks Journal, any person can file a Notice of Opposition within the statutory window (commonly four months), setting out the grounds on which they believe the mark shouldn't be registered — typically similarity to their own existing mark, prior use, or bad faith. The applicant must then file a counter-statement within two months of receiving the notice; failing to do so means the application is deemed abandoned.
After the counter-statement, the proceeding moves through evidence stages — evidence in support of opposition from the opponent, evidence in support of the application from the applicant, and evidence in reply from the opponent — each with its own filing deadline, before the matter is typically set down for a hearing where both sides present arguments to the Registrar, who then decides whether the mark proceeds to registration.
Each stage of opposition is procedurally strict, and we manage the applicant's side of it end to end — drafting the counter-statement, compiling and filing evidence, and preparing for and representing the applicant at the hearing.
Our Opposition Services
Opposition Notice Analysis
Reviewing the Notice of Opposition to identify the specific grounds raised by the opponent.
Counter-Statement Drafting & Filing
Drafting and filing the counter-statement within the two-month statutory deadline responding to each ground raised.
Evidence in Support Compilation
Compiling and filing evidence supporting the applicant's case — use, distinctiveness, and differentiation from the opponent's mark.
Evidence in Reply Review
Reviewing the opponent's evidence in reply and assessing its impact on the applicant's position.
Hearing Preparation
Preparing written and oral arguments ahead of the opposition hearing before the Registrar.
Hearing Representation
Representing the applicant at the opposition hearing, presenting arguments and responding to the Registrar's questions.
Settlement/Coexistence Negotiation
Exploring settlement or coexistence agreement options with the opponent where commercially sensible.
Post-Decision Advisory
Advising on next steps — registration, appeal, or rectification exposure — once the Registrar's decision is issued.
Our Process
Notice Review & Deadline Calculation
The Notice of Opposition is reviewed and the two-month counter-statement deadline is calculated immediately.
Counter-Statement Filing
A counter-statement responding to each ground of opposition is drafted and filed within the deadline.
Evidence Stage Management
Evidence in support and, where needed, evidence in reply are compiled and filed at each prescribed stage.
Hearing Preparation
Written submissions and oral arguments are prepared ahead of the scheduled hearing.
Hearing & Decision Follow-Up
We represent the applicant at the hearing and follow up on the Registrar's decision once issued.
Why It Matters
Frequently Asked Questions
Facing a trademark opposition?
Send us the Notice of Opposition — we'll calculate the deadline and start on the counter-statement immediately.
