The short version: after a mark is advertised in the Trade Marks Journal, anyone has 4 months to oppose it. The applicant must file a counter statement within 2 months of receiving the notice or the application is deemed abandoned. Both sides then file evidence by affidavit, and the matter is decided at a hearing, unless it settles first, which many do.
The opposition timeline
- Advertisement. The accepted mark appears in the weekly Journal, opening the challenge window. Month 0
- Notice of opposition (TM-O). The opponent sets out grounds, usually Sections 9, 11 and prior use under common law. Within 4 months
- Counter statement. The applicant answers, ground by ground. Miss this and the application dies. Within 2 months of receipt
- Evidence rounds. Affidavits and exhibits from the opponent, then the applicant, then reply evidence, invoices, sales data, advertising, market presence. 2-month stages
- Hearing & decision. Oral arguments before the Registrar’s officer; the mark is registered or refused. Appeals lie to the High Court. As listed
What actually wins oppositions
Paper. Oppositions are decided on evidence far more than eloquence: who used the mark first and can prove it, whose sales and advertising establish reputation, how the goods and channels actually overlap. From day one we build the evidence book, chronological, exhibited, notarised, because the hearing is only as strong as the affidavits under it.
And pragmatism. A significant share of oppositions end in settlement: a coexistence agreement, a narrowed specification, a small change to a device mark. Where a commercial deal protects you as well as a decision would, years sooner and cheaper, we’ll say so plainly.
Journal watch
Most owners never learn a conflicting mark was advertised until it’s registered. Our watch service screens each week’s Journal against your marks and flags anything close enough to matter, while the 4-month window is still open and your options are widest.