40% of UK trademark oppositions result in withdrawal - what that means for your brand
If someone files a trademark that conflicts with yours, how likely is it that opposing actually works?
We analysed 4,985 real UK IPO opposition proceedings from the last five years using official Freedom of Information data. The answer is more encouraging than most people expect.
The headline number
40.3% of opposed trademark applications are withdrawn by the applicant.
That means in nearly half of all cases, the applicant gives up before the opposition even reaches a hearing. They withdraw the application entirely.
A further 1.9% are refused by the IPO. And 1.6% of international registrations are definitively refused after opposition.
Only 36.1% of opposed marks end up registered - meaning the opposition failed and the mark went through anyway.
Why do applicants withdraw?
When an applicant receives a formal TM7 notice of opposition, they have to make a decision: is this trademark worth fighting for?
For many applicants, particularly those who filed speculatively or without proper clearance searches, the answer is no. The cost of defending an opposition, the uncertainty of the outcome, and the time involved make withdrawal the rational choice.
This is especially true when the opponent has a strong case - an earlier registered mark in the same class with clear similarity. Facing a well-evidenced opposition, many applicants realise their application was unlikely to succeed and withdraw to avoid costs.
What this means if you need to oppose
If you discover a conflicting filing and are wondering whether it is worth opposing, these numbers should give you confidence. Opposition is not a long shot. In 40% of cases, the act of filing the opposition is enough. The applicant withdraws without a hearing.
Even in cases that do proceed, the overall success rate for opponents is favourable. Combining withdrawals, refusals, and other non-registration outcomes, roughly 64% of opposed applications do not end up on the register.
The key is acting within the 2-month opposition window. Once that window closes and the mark is registered, your options become significantly more expensive.
What this means if your application is opposed
If you have filed a trademark application and received an opposition, these numbers tell a different story. 36% of opposed marks do get registered - opposition is not an automatic death sentence for your application.
You have the right to file a TM8 defence, present your evidence, and argue your case. If your mark is genuinely distinctive, covers different goods or services, or the opponent's case is weak, registration is still achievable.
However, the data also shows that only 18% of applicants who receive an opposition actually file a defence. Most either withdraw or simply do not respond. If you believe your mark is worth protecting, filing a defence is worth considering.
The representation gap
Freedom of Information data from the IPO reveals another striking pattern. Among applicants who receive an opposition, 40% have no legal representation. They are navigating the process alone.
By contrast, 95% of opponents - the parties filing the opposition - have legal representation.
This is a significant imbalance. A business owner who has filed a trademark application receives a formal legal notice from a represented opponent, and in 40% of cases, they have no solicitor or attorney to advise them.
Opposition volumes are growing
The same data shows that opposition activity has increased substantially in recent years. In the year ending June 2022, 1,616 oppositions were filed - more than double the 790 filed in the year ending June 2021. This was driven by the post-Brexit surge in UK trademark filings, which created more overlapping marks and more conflicts.
International oppositions grew even faster, rising 207% between 2021 and 2023.
With 203,187 trademark applications filed in the UK in 2025 and that number growing 17% year on year, the volume of potential conflicts is only increasing.
How TMGuard helps — on both sides
Whether you are an existing trademark owner who needs to spot conflicting filings, or an applicant who needs to understand and respond to an opposition, TMGuard gives you the information and the time to act.
For trademark owners: TMGuard monitors the IPO Trade Marks Journal every week. When a conflicting mark is published, you get an alert with a risk score, Companies House intelligence on the applicant, and a countdown to your opposition deadline. Acting within the 2-month window - when 40% of oppositions succeed through withdrawal alone - is dramatically cheaper than challenging a registered mark later.
For applicants: TMGuard's opposition intelligence draws on 9,300+ real IPO decisions spanning 29 years. If your application is opposed, you can see how similar cases have been decided, what grounds were used, and what outcomes are most likely in your class.
Check your brand against 2.8 million UK trademarks in 60 seconds - free at tmguard.uk/check.
