Trademark Objection vs Opposition: What is the Difference

A trademark objection is raised by the Registrar during examination of your application. An opposition is filed by a third party after your mark is accepted and advertised in the Trade Marks Journal. Objections come first and are answered with a reply; oppositions come later and involve a formal dispute.

Why the difference matters

The two stages have different deadlines and different responses. Mixing them up can cost you the application. If you have received an examination report, start with our trademark objections support, and for a challenge from a rival see trademark oppositions.

Objection: the Registry’s concern

• Raised by the examiner in an examination report.
• Usually based on Section 9 (the mark is not distinctive or is descriptive) or Section 11 (it resembles an existing mark).
• You file a written reply, generally within 30 days of receiving the report.
• A hearing may follow, and the Registrar then accepts or refuses the mark.

Opposition: a third party’s challenge

• Filed by any person after the mark is advertised, normally within 4 months of acceptance, under Section 21.
• The notice of opposition is filed on Form TM-O.
• You respond with a counter-statement, generally within 2 months of getting the notice. Miss it and the application can be treated as abandoned.
• Both sides file evidence, and a hearing decides the outcome.

Key points

Picture a bakery brand that gets an objection because its name sounds like an existing one. It replies, and the mark is accepted. A competitor then opposes it, and the case goes to evidence. Same mark, two separate stages. A clear trademark hearing service can help you prepare for either. Check current time limits on the official portal, as they run from fixed dates.

Common mistakes

• Ignoring the examination report because the email went to spam.
• Thinking acceptance means safe; the opposition window still follows.
• Filing a weak counter-statement with no supporting evidence.

Related guides: Trademark forms explained, TM vs R symbol, Trademark classes explained

FAQs

Who raises an objection and who files an opposition?

The Registrar raises an objection. A third party files an opposition.

How long do I have to reply to an objection?

Generally 30 days from receiving the examination report.

Which form is used for opposition?

Form TM-O is used for the notice of opposition and the counter-statement.

Got a notice and unsure what to do? Talk to a Taxhint expert today.