What is a TM7A notice of threatened opposition?

Why the TM7A exists

The standard window to oppose a UK trade mark application is two months from its publication in the Trade Marks Journal. That's not long if you only find out late, need to check your own rights, or want to try talking to the applicant first. The TM7A extends the window by one month, to three months from publication.

It also puts the applicant on notice. They can see that someone may oppose, which sometimes prompts them to get in touch, limit their goods and services, or withdraw before anything formal happens.

How to file one

• Find the application number and publication date in the Trade Marks Journal or the UK IPO's trade mark search.
• File the TM7A online through the UK IPO before the two-month deadline. There's no official fee.
• Give your name and an address for service in the UK, Gibraltar or the Channel Islands.
• Note your new deadline: three months from the publication date.
• Use the extra time to decide whether to file the full opposition (Form TM7) or settle.

What a TM7A doesn't do

A TM7A doesn't oppose the application by itself and doesn't need any grounds. If you don't follow it with a TM7 by the extended deadline, the application continues as normal. It also can't be filed once the two-month window has passed, so it isn't a way to revive a missed deadline.

Only the person who filed the TM7A (or their representative) gets the extra month, so file it in the name of whoever will be opposing.

When it's worth filing

File one whenever you might oppose and you aren't ready to file the full opposition with your evidence and statement of grounds. Because it's free and quick, there's little downside to filing as soon as you spot a conflicting application, then deciding calmly.

A worked example

Say a conflicting application is published in the Trade Marks Journal on 3 March. Your standard deadline to oppose is 3 May, two months later. If you file a TM7A on or before 3 May, your deadline moves to 3 June, three months from publication.

Use that month well: confirm which of your registrations and goods you'll rely on, collect evidence of how the marks and goods compare, and decide whether to approach the applicant. Many applicants, once they know an objection is coming, offer to drop the overlapping goods or withdraw, which can save you the TM7 fee and the effort of a contested case.

TM7A or TM7: which one now?

• File the TM7A now if you might oppose but aren't ready with your grounds and statement.
• File the TM7 straight away if your case is clear, you have your registration details, and you want the dispute started.
• Do nothing only if you've checked and the application really doesn't conflict with your rights.

How Infringement Ninja helps

Infringement Ninja watches each week's Trade Marks Journal for marks that conflict with yours and shows the opposition deadline on every alert. On paid plans it drafts the TM7A details and the likely grounds for a full opposition, ready for you or your attorney to check.