Opposition cooling-off period

A cooling off period is extra time allowed for both sides in opposition proceedings to try to settle their differences without the need to go through the full legal procedure.

Cooling-off is only available in opposition proceedings.

This means that when we send the applicant the notice of opposition the parties have nine months to try and negotiate a resolution to the dispute before entering the adversarial stage of proceedings. The parties must agree to cooling-off and file a form TM9C during the two months allowed for the applicant to file their notice of defence. Either party can request an extension to the initial nine months cooling-off period by submitting a form TM9E. This will extend the cooling -off period by a further nine months to a maximum period of eighteen months. The request must include a statement confirming that the parties are seeking to negotiate a settlement to the opposition proceedings.

If the parties do not agree to cooling-off then the opposition proceedings continue as normal with the applicant filing their defence.

Fill in Form TM9c

You should fill in form TM9c (33Kb) to request a cooling off period. There is no charge for this.

Send us your request

Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom