Trademarks · 4 min read · 17 August 2026

Your trademark was refused. What the objection actually means

Short answer: a refusal is usually the start of a conversation, not the end of the application. Most objections fall into two families, and the response strategy is different for each. You normally have two months to reply, extendable on request.

Absolute grounds: the mark itself is the problem

Section 3 of the Trade Marks Act 1994 covers marks that are descriptive, non distinctive or customary in the trade. "Fresh Bread" for a bakery is descriptive. The routes out are argument, evidence of acquired distinctiveness through use, or amending the specification so the objection falls away.

Relative grounds: someone else got there first

The UKIPO searches earlier marks and tells the owners, but it does not refuse on that basis alone. What follows is an opposition risk rather than an automatic refusal, and it can often be managed by negotiating a coexistence agreement or narrowing the specification to avoid overlap.

What a good response contains

The legal argument on why the objection is wrong, or evidence if you are running acquired distinctiveness, or a proposed amendment that keeps the commercially valuable part of the specification. What does not work is a letter that simply disagrees.

Do not let the deadline pass

An unanswered examination report means the application is refused and the fee is gone. If you are close to the deadline, ask for an extension in writing before it expires, then get advice. See also how class choice creates these objections in the first place.

Common questions