Trade Mark Oppositions, Cancellation & Appeals

Having trade mark protection is just the start of effective trade mark management

Enforcing trade mark rights against others is critically important and a key part of managing your trade mark portfolio.

We have an excellent reputation for prosecuting oppositions and cancellation actions on behalf of clients at the UKIPO, as well as at EUIPO for clients with EUTMs covering the EU. Of course, should the boot be on the other foot, we also have great experience in successfully defending our clients’ applications against oppositions brought by others, and so helping the mark to become registered. We represent clients at oral hearings and appeals at the UKIPO and have also been involved in appeal procedures before both English Courts and the Courts of the European Union, in particular the General Court.

Our trade mark attorneys and lawyers understand brands and the key role that they play in your business.  Defending them is of paramount importance.  We appreciate that they can be challenging and complex but we know how to help you navigate the situation and will provide imaginative and pragmatic legal options that achieve the right outcome for your business, at the right cost.

Meet our trade mark experts

Working with our Trade Mark Experts

Pink-Pentagons-HQ

We have invaluable local expertise

When it comes to oppositions, local expertise is essential. Trade mark oppositions and cancellation actions can be complicated matters, both procedurally and in terms of legal arguments and evidence. This is particularly so for UK proceedings, which often have tight deadlines and strict procedural requirements.  We're experienced at this. We've been handing oppositions for many years and with very successful outcomes.

Pink-Pentagons-HQ

We are exerts in successful negotiation of amicable settlements

We also have a good track record at successfully negotiating amicable settlements with adverse parties. This can be either as an alternative to fighting out an opposition or cancellation, or in tandem with such proceedings to maximise leverage on the other side. We can then formalise settlement terms in expertly prepared coexistence agreements.

Pink-Pentagons-HQ

We take a commercial approach - so clarity of strategy is a primary driver

We understand the bigger picture and the commercial importance of your trade mark to your business and so this strategic approach is a primary driver in the way we work with you.

Non-traditional pharma TMs special report - mock-up

Special Report

Non-Traditional Pharmaceutical Trade Marks

In this special report, we explore the relevance of each type of non-traditional trade mark to the pharmaceutical sector, how they can be registered and enforced and the particular challenges brands will face along the way. We also explore the difficulties associated with attempts to register smell and taste marks successfully and what the future might hold for non-traditional trade marks in the pharma space.

download the report

Latest News & Blogs

High Court confirms EU law does not prohibit use of ‘milk’ in a trade mark for milk substitutes in the UK

High Court confirms EU law does not prohibit use of ‘milk’ in a trade mark for milk substitutes in the UK

Last year, in December 2023, the Chancery Division of the High Court handed down its decision on the use of the word “milk” in trade marks for non-dairy milk alternatives. The case, Oatly AB v Dairy ...

Unlocking Affordability: Our Exciting Trade Mark Price Reductions for 2024!

Unlocking Affordability: Our Exciting Trade Mark Price Reductions for 2024!

As part of our commitment to providing exceptional services that offer great value and put our clients at the heart of everything we do, we are pleased to announce some significant trade mark service ...

Design Rights: A powerful tool in the IP armoury

Design Rights: A powerful tool in the IP armoury

We are pleased to launch our latest special report Design Rights: A powerful tool in the IP armoury, which provides a comprehensive framework for understanding and leveraging design rights within ...

Pharma trade marks: 2023 EU case law round up

Pharma trade marks: 2023 EU case law round up

As we enter 2024, we reflect on the lessons we have learned in 2023. The trade mark landscape has continued to evolve, and pharmaceutical trade marks are no exception. In this article, we take a ...

Emotional Perception AI v UKIPO: Is this the dawning of a new era for AI-related inventions at the UKIPO?

Emotional Perception AI v UKIPO: Is this the dawning of a new era for AI-related inventions at the UKIPO?

On 21 November 2023, Mann J handed down his judgment on Emotional Perception AI Ltd v Comptroller-General of Patents, Designs, and Trade Marks [2023] EWHC 2948 (Ch)i, relating to the patentability of ...

EU General Court provides guidance on consumer perception in the pharmaceutical industry

EU General Court provides guidance on consumer perception in the pharmaceutical industry

Earlier this year, in March 2023, the European Union’s General Court provided some useful clarifications on consumer perception in the pharmaceutical sector. The case, Case T-175/22, Novartis v EUIPO ...

Read more

Resources

EUTM OPPOSITION PROCEDURE

Read our summary of the main aspects of opposition proceedings before the European Union Intellectual Property Office (EUIPO).

READ MORE

UK TRADE MARK OPPOSITION PROCEDURE

Read our outline of the normal UK trade mark opposition procedure including who can oppose, how long it takes and possible grounds.

READ MORE

DOMAIN NAME DISPUTES

Our trade mark attorneys and lawyers understand brands and the key role that your domain names play in your business. Defending them is of paramount importance.

READ MORE
Forward Magazines Overlapping 8

Mewburn Ellis

FORWARD MAGAZINE

Mewburn Ellis Forward is a biannual publication that celebrates the best of innovation and exploration. Through its pages we hope to inform and entertain, but also to encourage discussion about the most compelling developments taking place in the scientific and entrepreneurial world. Along the way, we’ll engage with the IP challenges that international organisations face every day.