trademark opposition process

On acceptance of a trademark application, the registry will publish the new trademark, triggering a period within which third parties can raise objections, generally by way of an opposition. If there is some serious issue that prevents filing within the 30 day time frame, an extension of time is possible. The filing of trademark oppositions is on the rise. A TTAB case will is very similar to a traditional federal court case, except it is more streamlined and generally costs less money. A trademark opposition in Nigeria is an administrative proceeding, similar to a civil federal lawsuit, before the Opposition Office at the Trademark Registry in which one party seeks to prevent another from registering a proposed or an accepted trademark. Starting an opposition proceeding and filing a statement of opposition The opposition process varies by jurisdiction and country. Although the proceedings in a trademark opposition case can last for more than a year, more than 95 percent of oppositions are settled before a trial. "text": "While you won’t set foot in a federal courtroom during a Trademark Trial and Appeal Board case, it is very similar to the trademark litigation process. Oppositions. Read more. Your trademark attorney will be able to help assess each case and provide strategic advice to move forward. Someone trying to register a trademark confusingly similar to yours, or a descriptive term used in your marketing, both may create a situation where you can file a trademark opposition." }, { June 19, 2016 (Updated on March 25, 2019) Whereas the most common opposition in trademarking is opposing a trademark to be registered, there are in fact a few things that may raise opposition to in the whole process. "@type": "Answer", The trademark opposition period is a period of thirty days when anyone with a real interest in the proceeding can oppose the trademark application and attempt to stop the trademark from being registered. The following is the chronology of what you can expect from a trademark opposition. Other businesses take a more strategic approach and raise objections only where there is a clear and direct commercial conflict. Trademark opposition proceeds in a similar manner as a legal trial, except that the pertinent documents are filed with the Trademark Trial and Appeal Board (TTAB). But, what is the opposition procedure – and how can brand owners make best use of it to protect their trademarks? You must have a real or legitimate interest in the outcome of a trademark registration. Respondent’s answer filed: An answer must be filed within approximately 40 days of the Notice of Opposition. If settlement cannot be achieved before the deadline for raising objections, it may ultimately be necessary to take formal action against the conflicting trademark. Any third person can claim that a trademark should not be registered according to the absolute grounds for refusal. This article explains very briefly, the process and timelines of Trademark opposition in India, how to file evidences and other technical details will be dealt in next article. In general, such oppositions need to be filed within a short period of time (perhaps as little as two months from publication of the attempted registration). The USPTO employs trademark attorneys to review all trademark applications prior to publication. An opposition can be filed within three months after the publication of a trade mark. The trademark opposition can be raised by any person when the trademark will be published in trademark journal under the Trademark Act of India. In all cases however, the assessment should consider, inter alia: Once you have decided to take action, you should then consider whether you wish to initially contact the third party to request withdrawal/limitation of the conflicting trademark. Whenever a trademark application is filed with the USPTO, an examining attorney will review the trademark application and if approved the trademark is published for opposition. Then the trademark applicant has 30 days to submit its own evidence. Trial briefs: At the end of the case briefs are filed – again in an alternating fashion. Phone: (858) 487-9300 Click to Contact us, Phone: (949) 474-9330 Click to Contact us, Phone: (310) 656-3900 Click to Contact us, ©2018 – Mandour & Associates, APC – All Rights Reserved Aggressive Intellectual Property Litigators® – Trademark Attorneys – Patent Lawyers – Copyright Attorneys. required to conduct a discovery conference. Businesses are advised to consult with their trademark attorney in order to identify the procedure most suitable for them. The Trademark Trial and Appeal Board (TTAB) is an absolute stickler for dates and procedural accountability; deadlines must be met and rules must be followed. If you are involved in a trademark opposition, please contact us. Trademark and TTAB fees: The United States Patent and Trademark Office (USPTO) set and adjusted Trademark and Trademark Trial and Appeal Board (TTAB) fees for the first time in nearly three years through its Final Rule, effective January 2, 2021. "@type": "Question", Nothing on this site should be taken as legal advice for any individual case or situation. A well-known trademark may be diluted if an application is approved. Trademark watches with opinion includes an attorney's recommendation on the results of the identical or similar trademark watch based on their consideration of prior rights and the likely impact on a business. Trademark Opposition is an intrinsic stage involved in the process of trademark registration in India. Trademark Opposition means when anyone raises an opposition against an already published trademark in the journal. TTAB Reading Room: On July 31, 2020, the TTAB e-FOIA webpage was replaced with the new Reading Room. Get your IP strategy off to a great start in 2021 by beginning the year with a review of your portfolio. Opposition to the registration of a trade mark begins with you filing a notice of intention to oppose. As explained in that … Some businesses take a very aggressive approach to enforcement and will raise objections to any potential conflict, no matter how small. A thorough audit of your IP now could help you to identify ways to streamline and exploit your portfolio ready for another potentially challenging year, and could save you money as well improving the efficiency of your assets. It is only after the 30-day opposition period has expired that a trademark will be issued. Trademark watching plays a critical role in such early detection by monitoring and assessing all new trademark registrations at the relevant national and international trademark registries (click here for advice on developing a trademark watching strategy). Trademark Opposition Process. An applied-for trademark is either generic or a merely a descriptive term. As the limitation period play a significant role in awarding the remedy. On acceptance of a trademark application, the registry will publish the new trademark, triggering a period within which third parties can raise objections, generally by way of an opposition. The USPTO reviews hundreds of thousands of applications on a yearly basis, so it’s no surprise that some trademarks that perhaps shouldn’t be granted are approved. Publication on the Principal Register provides no rights to the applicant. The early detection of potentially conflicting trademarks is an essential part of any trademark protection strategy, but it is a particular necessity if you are to meet the deadlines associated with submitting objections (known as ‘oppositions’) to an attempted registration by a third party. You can see the results we’ve achieved for our clients in the over 300 TTAB cases that we have handled by clicking here. Oppositions against EU trade mark applications have to be filed in writing within a period of 3 months following the publication of the EU trade mark application in the EU Trade Marks Bulletin. The trademark attorneys at the USPTO are good at their jobs, and this means any inappropriate application will likely be identified and rejected. While in theory this should prevent any confusingly similar trademarks from being approved, the fact remains that these lawyers are human and can make mistakes. Nevertheless, for the owner of a registered trademark where no evidence of use is required, there are clear and welcome benefits to using the fast-track system. Once a trademark application is filed, the Registry examines the application to determine the distinctiveness of the mark. The proposed trademark is similar to an existing trademark and could result in a likelihood of consumer confusion. Publication on the Principal Register provides no rights to the applicant. The level of similarity between the new trademark and your earlier brand; Whether the common elements within the marks are descriptive or common to the trade; The nature of the goods/services as covered by the trademarks and those which are in use in the market; The identity of the third-party applicant and the scope of their existing protection in the relevant country and elsewhere; The potential impact use of the new trademark would have on your brand and business; and. 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