UKIPO examination report: what an objection means and what to do

Types of objection

• The name describes the goods or services, or is too common to identify one business. gov.uk's example: “Apple” for a company that sells apples.
• The name is misleading, for example “organic” for goods that are not organic, or uses flags or emblems without permission.
• The wording of the goods or services is unclear. Using UKIPO's pre-approved terms avoids this.

Separately, UKIPO searches for similar earlier marks. If it finds any, it writes to you and to their owners. That is a notice, not a refusal, but the owners may oppose when your application is published.

Your options within the 2 months

• Talk to the examiner. Their name and phone number are on the letter with the report.
• Change or remove terms so the objection no longer applies.
• File evidence of use if the objection is that the name is not distinctive: proof of how long and how widely it has been used in the UK before the application date.
• Divide the application (form TM12) so the unaffected goods can go ahead.
• Ask for more time in writing before the deadline, giving reasons. After the deadline, a retrospective extension needs form TM9R within 2 months.
• Request a hearing if you disagree with the decision.

If you do not reply in time, the application may be refused.

If we filed for you

Our filing includes a reply to one simple objection: a query about your classes or the wording of your goods and services, fixed by rewording, moving or removing terms. For other objections we explain the options and quote before doing any work. Disputes and oppositions are referred to a qualified, regulated professional.

Price with us: £374 all-in for one class (our fee £169 + the £205 UKIPO fee). Extra classes: £135 each (our £75 + UKIPO's £60), up to 3 classes; for 4 or more we quote. You pay first; if our check says High risk and you decide to stop, we refund everything except £39.