How do you handle a trademark opposition?
How do you handle a trademark opposition?
In order to oppose a trademark, one must file a Notice of Opposition with the TTAB. The Notice of Opposition must state and articulate both the Opposer’s standing to file the opposition and the substantive grounds for the opposition.
Can I oppose a registered trademark?
Under the Lanham Act, any party who may be damaged by the actual or proposed registration of a mark is entitled to challenge the registration. If the mark has been published for proposed registration on the Principal Register, the party—usually the owner of a competing mark—can oppose the registration.
What happens when your trademark is opposed?
If a mark gets opposed and the status of the mark reflects so, the Trademark Office would then send a copy of the written notice of opposition from the third party to the applicant/applicant’s agent.
Which party can file an opposition against a trademark application?
Section 21 of the Trademarks Act, 1999 states that ‘any person’ can file the notice of opposition, that includes any natural or legal person like companies, partnership firms etc. Trademark opposition filing can be filed by an Indian or foreign customer, member of the public or competitor or any other person.
When can you file a trademark opposition?
within thirty days
An opposition must be filed within thirty days after the date of publication in the Trademark Official Gazette, or within an extension period granted by the Board. 15 U.S.C. §1063(a); 37 C.F.R.
Can a trademark be overturned?
Since trademarks are issued to preserve distinctiveness, anything diluting the meaning of a mark can be grounds for cancellation. Not only do such instances result in lost rights, but they may also require businesses to either undergo expensive rebranding campaigns or forgo a particular product or service entirely.
How long is trademark opposition period?
thirty days
Any entity that thinks it will be harmed by registration of the mark has thirty days from the day the mark is published in the Trademark Official Gazette in which to file an opposition. However, as noted below, extensions of time may be granted, extending that period up to six months.
What happens if there is no opposition to a trademark?
An opposition is similar to a proceeding in a federal court, but is held before the Trademark Trial and Appeal Board (TTAB), an administrative tribunal within the USPTO. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process.
When to oppose a trademark registration in Singapore?
Any interested party may oppose the registration of the mark within two months of the publication. The grounds of opposition may include issues such as the application is similar to a registered or pending mark, etc.
How do you apply for a trade mark?
A trade mark is used to distinguish your goods and services from those of another business. Search trade marks. Application process. Trade mark costs. Apply for a trade mark online.
How is a mark protected by a trademark?
Although a mark can acquire trademark rights by filing for a state trademark registration, or simply by using your mark associated with your goods and services (i.e., common law rights), these protections are geographically limited. A state trademark registration allows protection of a mark used only within that state.