Trademark Tribunal Work

Whether you need to challenge a registered mark, defend your own, or stop someone else from registering theirs - we handle the full UKIPO Tribunal process.

Four routes, four forms, four outcomes

UKIPO Tribunal proceedings are not one thing. Each route has its own form, deadline, and strategy. Pick the one that matches your situation.

Opposition Defence

Form TM8

Someone has filed a TM7 against your trademark application. You have 2 months to respond or your application is treated as abandoned. We file the counterstatement, run evidence, and represent you to decision.

£1,200 fixed
Read more about opposition defence →

Filing an Opposition

Form TM7 / TM7F

A third party has applied for a mark that conflicts with yours. The published application has a 2-month opposition window (extendable to 3 months by TM7A). We file the notice of opposition and represent you through proceedings.

£750 + UKIPO fee
Email to discuss →

Invalidation

Form TM26(I)

A registered trademark is on the register that should never have been registered - it conflicts with your earlier mark, it lacks distinctiveness, or it was filed in bad faith. Invalidation strikes it off as if it never existed.

Quoted on case
Email to discuss →

Revocation for Non-Use

Form TM26(N)

A registered mark has not been used for 5 years for the goods or services it covers. You can have it revoked, freeing up the register and potentially clearing a conflict with your own application.

Quoted on case
Email to discuss →

Quick reference

Which form do you need? What is the deadline? What is the official fee?

Action
Form
UKIPO Fee
Notice of opposition (standard)
TM7
£250
Notice of opposition (fast-track)
TM7F
£125
Notice of threatened opposition
TM7A
No fee
Defence and counterstatement
TM8
No fee
Cooling off (joint)
TM9C
No fee
Invalidation
TM26(I)
£250
Revocation (non-use)
TM26(N)
£250
Revocation (other grounds)
TM26(O)
£250

When to use which route

A quick decision tree. If you are unsure, email us your facts and we will tell you free of charge within 24 hours.

I have applied for a trademark and someone has filed a TM7 against me. What do I do?

You need opposition defence. File a TM8 counterstatement within 2 months of the TM7 being served. If you do nothing, your application is treated as abandoned. We handle the full defence for £1,200 fixed. See the opposition defence page.

A competitor has applied for a mark that conflicts with mine. What do I do?

You can file an opposition within 2 months of publication (extendable to 3 months by filing a TM7A first). Grounds depend on whether you have an earlier registered mark (section 5) or whether the mark is descriptive or filed in bad faith (section 3). Email us with the application number and we will tell you whether a TM7 or TM7F is appropriate.

There is already a registered mark blocking mine. What do I do?

Two options. If the registered mark has not been used for 5 years in the goods or services it covers, file a TM26(N) revocation for non-use. If the registered mark should never have been registered in the first place - because it conflicts with your earlier rights, lacks distinctiveness, or was filed in bad faith - file a TM26(I) invalidation. Both routes can be combined.

What is the difference between invalidation and revocation?

Invalidation attacks the registration on the basis that it should never have been registered. If successful, the mark is treated as if it never existed (Trade Marks Act 1994, s.47). Revocation removes a mark from the register for events after registration, most commonly non-use for 5 years (Trade Marks Act 1994, s.46). Revocation operates from the date the application for revocation is filed, not retroactively.

How long does Tribunal proceedings take?

A standard contested opposition or invalidation runs 12 to 18 months from first filing to decision. A fast-track opposition is shorter, typically 6 to 9 months. Most cases settle before decision - 25% of UK oppositions are defended, and 35% of those reach a decision.

Will I be liable for the other side's costs if I lose?

UKIPO costs are awarded on a published scale (Tribunal Practice Notice 1/2023) on a "contribution-not-compensation" basis. The loser pays a contribution to the winner's costs, not the winner's full legal bill. In a fully fought case the scale typically awards a few hundred to a few thousand pounds total. Off-scale costs are available only where a party has behaved unreasonably.

Can I do this myself without a solicitor?

Yes. The Tribunal accepts filings from litigants in person. The risk is that trademark pleadings are technical, and a winnable case can be lost on a procedural slip, a missed proof-of-use point, or a poorly drafted counterstatement. Unrepresented parties also recover costs only at the CPR litigant-in-person rate (currently £19/hour under TPN 1/2023).

What if I want to appeal?

Either party may appeal within 28 days of the decision (s.76 Trade Marks Act 1994). The appeal lies to the Appointed Person - an independent senior IP barrister whose decision is final - or to the High Court (Chancery Division), from which a further appeal lies to the Court of Appeal. The choice is strategic: Appointed Person is faster and cheaper but final; High Court is slower and more expensive but allows further appeal.

Who handles your case

Direct access to a qualified solicitor. No junior handlers, no farming out.

Dual-qualified solicitor

Solicitor of England & Wales (SRA No. 641612). Advocate of India. Qualifying as Irish Solicitor in 2026.

Tribunal experience

Acted in multiple opposition proceedings before the UKIPO. Comfortable with pleadings, evidence, and Tribunal hearings.

Active portfolio work

Manages multi-jurisdiction trademark portfolios for corporate groups across UK, EU and India.

Fixed fees, no surprises

You see the cost of every step before you instruct it. Western Legal is not VAT-registered.

Tell us your facts

Free review within 24 hours. We will tell you which route applies, what it will cost, and whether it is worth pursuing.

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