Examining your mark

When the application is passed to an examination team, we will consider:

Is your mark acceptable?

Our examination of your application will decide whether it meets the requirements of the Trade Marks Act 1994 and Trade Mark Rules 2000 (as modified).

Is your Trade Mark acceptable?

Earlier potentially conflicting trade marks

We will search our register to identify earlier potentially conflicting trade marks. These are marks which may be the same or similar to your mark and for the same or similar goods or services.

Your examination report

We normally issue your examination report within around 15 days of receiving your application. If you do not hear from us please get in touch.

In this report we list our objections and requirements and tell you how long you have to reply. You will have the opportunity to persuade the examiner that the objection(s) are not valid or to make amendments to your specification of goods and services. If the only problem with your mark is earlier rights, you only get one chance to discuss this with us.

Publishing your mark

When your application has overcome any objections and you are happy to proceed, we publish your application in our Trade Mark Journal where your application is open to opposition for a 2 month period by any of the earlier marks we have notified, or any other party. This period can be extended to 3 months by anyone considering opposition.

Opposition could result in your mark not being registered and you having to pay costs.

If your mark is not opposed, it will become registered and you are free to use and enforce your trade mark.