would need to see the Mark as well details of the application. If there is an existing symbol or logo which is similar to the application that you have submitted or an existing registered mark, it is likely that the TMO will refuse the application.
The only way you would be able to deal with this would be to negotiate with the owner of the other mark or change your mark; or alternatively, resolve through the courts but this will be costly and lengthy.
There is also the issue of Passing Off.
Passing off is similar to trade mark infringement, but applies to protect unregistered rights associated with a particular business, its goods or services. Passing off actions can be brought in a wide range of situations, including to protect business names and features of "get-up" or "trade dress".
The principle underlying the tort of passing off is that “A man is not to sell his own goods under the pretence that they are the goods of another man” (Perry v Truefitt (1842)).
In each case of passing off, the key issue is the danger of misrepresentation as to the origin of goods or services. If someone leads consumers to believe that their goods or services are connected with another business when they are not, they may give the other business grounds to sue for passing off.
Passing off claims can be difficult to prove because claimants need to demonstrate that at least some of the public are at risk of confusion between the two businesses. Also it is not always easy to show that a misrepresentation has been made. For example, if someone advertises their fast food business as “the Rolls-Royce of chip shops” they may well be infringing Rolls-Royce’s trade marks but it is highly unlikely a court would find that they were passing themselves off as connected to Rolls-Royce in a business sense.
I hope this helps.
If you have nay further questions, please do not hesitate to ask.