If your trade mark application faces an objection in an examination report, your first step should be to engage with the examiner who raised it. UKIPO trade mark examiners are knowledgeable and approachable, and a constructive written or verbal exchange may persuade them to waive the objection. Building a positive relationship with the examiner not only helps in the short term but also enhances your firm’s reputation within the UKIPO. Always be polite and professional, making clear and well-reasoned submissions. Aggressive or confrontational behaviour is unlikely to help your case—and could harm both your credibility and that of your firm.

If the examiner decides to maintain their objection, it may be time to consider an Ex Parte Hearing with a Hearing Officer. These hearings can take place via video or in person, but most are held over the telephone. Keep in mind that the Hearing Officer will likely have dealt with multiple cases that day—and certainly several that week—so it’s important to be well-prepared and communicate your points clearly.

An Ex Parte Hearing is your chance to discuss the objection and strengthen your case beyond written submissions. You’ll need to be familiar with the history of your application, as the Hearing Officer may ask questions. Avoid simply repeating previous arguments—they will have already been reviewed and add little value. With most hearings limited to an hour, time is precious, so focus on clear, well-reasoned points. The aim is to determine whether the objection was correctly raised, using legal reasoning and case law to support your position. The Hearing Officer will be engaged and may suggest ways to overcome the objection, such as providing evidence of acquired distinctiveness.

The Hearing Officer will often give their decision at the end of the hearing, but if you’ve raised new points, they may need time to reflect. Don’t push for an immediate answer—if they need to consider your submissions further, it’s a positive sign that your arguments haven’t been dismissed outright.

The Hearing Officer will issue a brief decision within 10 working days. If the objection is upheld, they may still allow you to submit evidence of acquired distinctiveness. Should the objection remain, you can request a Statement of Grounds for a more detailed explanation. If you’re still not satisfied, you can appeal to the Appointed Person.

Inter Partes Procedural Hearings and Case Management Conferences (CMCs)

Procedural Hearings typically address the Tribunal’s preliminary view during the pleadings stage, while Case Management Conferences (CMCs) help resolve disputes and set the case’s timetable and framework. Both are usually held by telephone, with both parties able to attend. The Hearing Officer will normally deliver an oral decision at the end.

Inter Partes Main Hearing

A Main Hearing takes place at the end of the evidence rounds if either party requests to be heard. If you believe your written submissions and evidence clearly set out your case, you don’t have to attend a hearing requested by the other side—you can instead submit written arguments, which the Hearing Officer will consider just as carefully as verbal submissions.

Main Hearings follow court-like procedures, so this isn’t the time to introduce new arguments or engage in back-and-forth debate. It’s not a courtroom drama—there won’t be dramatic objections. Instead, the Tribunal follows a structured format, with submissions made in turn (e.g. Opponent, then Applicant, then Opponent in reply).

Unlike Ex Parte Hearings, where the Hearing Officer can offer guidance, Inter Partes disputes require them to remain impartial. As a result, the interaction will be more formal, and you’ll need to adjust your approach accordingly.

About the Author

Dafydd Collins was a Hearing Officer at the UKIPO for more than 5 years and has significant experience in both Ex Parte and Inter Partes Hearing policy, procedure and best practice. Dafydd joined the Wynne-Jones IP trade mark team in early 2024 and provides advice and assistance in relation to a wide range of trade mark matters, both contentious and non-contentious.