Form TM8: Defend a Trade Mark Opposition / Counterstatement (2026 Guide)

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An opposition isn’t the end of your application — but you must respond properly and on time.

What is Form TM8?

The defence and counterstatement to a trade mark opposition (or certain cancellation actions), filed at the IPO, answering the opponent’s grounds.

Who needs it & when

Applicants whose published mark has been opposed and who want to keep their application alive.

Deadlines & key rules

• File TM8 with the counterstatement within the deadline set (commonly 2 months) — diary it carefully.
• The counterstatement should respond to each ground and, where relevant, put the opponent to proof of use of earlier marks.
• Failure to file in time usually means the application is treated as withdrawn for the opposed goods/services.

How to do it — step by step

1. Read the opposition and note the deadline.
2. Respond to each ground; consider requiring proof of use.
3. Complete TM8 with the counterstatement.
4. File in time; the matter proceeds to evidence rounds.

How Chris helps

Tell Chris the opposition and your position and Chris drafts your TM8 counterstatement to a high standard — you check, sign and file. Not a law firm; we draft your stated defence, not an assessment of success.

See it done — a trade-mark defence, drafted in minutes

A defence and counterstatement (Form TM8) to a trade-mark opposition, drafted to a high standard — Chris builds it in minutes. Scroll the sample below.

DRAFTED BY CHRIS · sampleSCROLL ↓

DEFENCE AND COUNTERSTATEMENT (Form TM8)

Application opposed: BREWHOUSE, no. UK00004000000. Opponent: Brewhaus Coffee Ltd.

The applicant defends the application and responds as follows:

1. It is denied that there is a likelihood of confusion. The marks differ visually, aurally and conceptually, and the goods and services are bought with care.

2. The opponent is put to proof of genuine use of the earlier mark, in the relevant period, for all the goods and services relied on.

3. The reputation alleged under section 5(3) is denied and the opponent is put to strict proof.

The applicant asks that the opposition be dismissed and the application proceed to registration.

Illustrative sample with fictional names and details. Chris drafts yours from your own facts; you check, sign and submit.

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Form content and official guidance on this page are reproduced or adapted from material published by the Intellectual Property Office on GOV.UK. Contains public sector information licensed under the Open Government Licence v3.0. eLitigant CIC is independent and is not affiliated with, or endorsed by, the Intellectual Property Office or any government department. Always check the current official form on GOV.UK before you file.