Who Can File A Trademark Opposition?

What happens when a trademark is opposed?

Generally, the TTAB will issue a favorable ruling for the opposing side.

In some cases, you may be able to file a motion to lift the default judgment and continue on with the trial.

If a default judgment is issued against you, the judgment is binding against any future applications you try to file for the same mark..

Can I challenge a trademark?

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).

Kelley Keller: Use TM or SM for unregistered marks only. This includes marks that are the subject of a still-pending application in the U.S. Patent and Trademark Office. Use TM for marks that represent goods and SM for marks that represent services. If your mark covers both products and services, TM is recommended.

Can a trademark be opposed after registration?

After advertisement of a trademark in the Trade Marks Journal, any person can oppose registration of the trademark for a period of 3 months (which may be extended by a period not exceeding 1 month). … If a trademark opposition is successful, the registration of the trademark will be refused.

Can we use objected trademark?

After scrutinizing the trade mark application, objections may be raised by the Registrar/Examiner under Sections 9 and 11 of the Trade Marks Act. … When the trade mark application is objected, it is stipulated that a response should be filed within one month from the date of receipt of Examination Report.

What is trademark opposition?

A ‘Trademark opposition’ means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed. … Notably, the person filing the opposition need not have any commercial interest in the matter or a prior registered trademark in the Registry.

How much does it cost to file a trademark opposition?

The Opposer must file the Notice of Opposition and pay the applicable opposition filing fees (currently $400) to institute the opposition proceeding before the TTAB.

How long is the opposition period for a trademark?

for 30 daysThe mark is published in a book of all published trademarks before the U.S. Patent and Trademark Office known as the Official Gazette. Trademarks are published for opposition for 30 days. During this period any party wishing to object to the registration of the trademark may do so by filing a Notice of Opposition.

How do you fight a trademark opposition?

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.