How do you deal with a trademark opposition?
Counter-Statement After the trademark opposition notice is filed with the trademark registrar, the registrar would serve a copy of the trademark opposition notice to the trademark applicant. Within two months of receipt of the trademark, opposition notices the trademark applicant must file the counter statement.
What happens if someone opposes your trademark application?
If you file an opposition without first having contacted the applicant and the applicant withdraws the application without defending it, you will not be awarded any costs and you will not recover the cost of filing the opposition.
How do I dispute a trademark registration?
You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).
How do you remove a trademark objection?
If some goods are in the wrong class: trademark reply to change the application to delete the items that do not fall under the proposed class. If the objection is because of the grounds (the mark is not distinctive): file a reply stating that your mark can be differentiated from the foods and services it stands for.
How much does it cost to contest a trademark?
The total cost of a trademark opposition can be anywhere from zero dollars to over $100,000.
Can you withdraw a trademark opposition?
You may withdraw your application. You must put your withdrawal request in writing. Will I have to pay any costs if I withdraw my application? If you withdraw your application before an opposition is filed, you will not be liable for costs.
Who can oppose a trademark?
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. The opposition must be in writing and be filed within 30 days of the proposed mark’s publication in the Official Gazette.
Can a trademark be revoked?
When that trademark is revoked, it’s essentially a death sentence for the original product made by the original company. That’s because revoking the trademark makes it fair game for any competing company to use the same name in marketing and branding.
How do you appeal a trademark decision?
The applicant must file the notice of appeal and appeal fee within six months of the date of issuance of the final refusal. 37 C.F.R. §2.142(a); TBMP §1202.02. Notices of appeal must be filed through the Electronic System for Trademark Trials and Appeals (ESTTA) at https://estta.uspto.gov.
What is trademark objected?
The term ‘objected’ implies that the particular trademark application has been examined and a report generated as well, laying down the objections against the registrability of the mark. Once a trademark application is filed, the first step in its journey to registration would be examination of the said trademark.
How do I file an opposition to a trademark application?
In order to file an opposition, you must file a notice of opposition with the USPTO. In this notice, you must plead the grounds of your opposition and explain why the application should not register. Once your notice of opposition is filed, the applicant has thirty days to respond with an answer.
How long does it take to oppose a trademark registration?
Under rules promulgated by the Madrid Protocol, if a party wants to oppose a trademark registration, the period for filing an opposition cannot be extended more than 180 days from the date the application was published.
Why can’t a party bring an opposition to a registration?
Generally, this means that the opposer must have a direct and personal stake in the outcome, and the belief must be reasonable and reflect a real interest in the issue. Therefore, a party cannot bring an opposition because it thinks the registration would generally be unfair.
What happens after my trademark application is approved?
After your trademark application has been reviewed and approved by an examining attorney, the mark will be published for opposition, which means that the trademark opposition period starts.