§ Mr. Ian McCartney
There are two routes available under the Trade Marks Act 1994 to anyone who wishes to object to an application to register a trade mark. Section 38(2) provides for any person to lodge opposition. The present fee for this is £200, and the opponent then becomes a party to proceedings before the Registrar. However, under section 38(3), a person may make written observations without payment of any fee, and without becoming a party to proceedings.474W
In the 12 month period to the end of May 1998, over 1,600 oppositions and more than 130 observations were filed. The Registrar is aware of only one formal complaint in that period about the cost of filing opposition.