Trademark opposition period

An opposition is similar to a proceeding in a federal court, but is held before the TTAB. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. Each state has its own trademark registration process, which is generally easier and less expensive than federal registration and does not involve a public opposition period. State trademark rights are limited to the state of registration, unlike federal trademark rights that apply throughout the country, but may be an attractive option for. 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.

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. This is precisely what the trademark opposition period is for, but trademark owners must be diligent in order to prevent a confusingly similar mark from gaining a federal trademark opposition. However, as noted below, extensions of time may be grante extending that period up to six months. Trademark Official Gazette in which to file an opposition.

The opposition may be filed with the Board. Once the Gazette publishes your trademark application, an opposition period of days begins. During this period , third parties have the right to oppose your trademark by filing a notice.

Opposition to your trademark can only occur during this period. After the 30-day period ends, opposition is no longer possible. The Office does not examine of its own motion such grounds for refusal. Consequently, the EU trade mark application is published in the EU Trade Marks Bulletin and a period of months is given in which to file notice of opposition to protect earlier rights that the future European Union trade mark could affect. There is an initial month opposition period which begins immediately after the date the trade mark is advertised in the trade marks journal.

You can extended this period by a further month by. For multiple reasons we advise filing a trademark opposition at the earliest opportunity. If there is some serious issue that prevents filing within the day time frame, an extension of time is possible. The extension request must be filed prior to the 30-day opposition period expiring.

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 1days from the date the application was published. Importantly, any opposition you file must be made within two months of the trade mark you wish to oppose being advertised as accepted in the Australian Official Journal of Trade Marks. The first step to oppose an accepted trade mark is filing your notice of intention to oppose and paying the relevant fee. This must be received at the Registry within the prescribed period unless time is extended.

This paper is intended to provide an overview of trademark oppositions in the United States. Practical considerations for deciding whether to file and how to litigate an opposition are also discussed. It is one of the most effective remedies to protect your trademark and secure your brand. As the limitation period play a significant role in awarding the remedy. To understand trademark opposition proceedings, you must first understand the trademark process as whole.

As you probably have guesse it means that they are challenging your application. Think of the trademark opposition as a mini-lawsuit. Barring any unforeseen circumstances, your trademark will be published for opposition approximately two months after the examining attorney has approved your trademark for publication. How Long is the Publication Period ? The publication period is a 30-day period in which anyone in the world can file a trademark opposition against your application.

Many countries provide opposition mechanisms in their patent systems. How can a trademark be opposed in India? A trademark opposition is an inter-partes proceeding before the U. Any third-party may file a notice of opposition against a trademark on one or more several grounds. Ultimately, if an application is successfully oppose then the trademark will not be registered.

The most common reason for filing a trademark opposition is when a third party believes the registration of a trademark application will likely confuse consumers about the source of goods or services with the opposer’s prior use trademark. Before diving into the procedure of opposition proceeding, a quick run through of the general procedure of trademark filing until registration would be helpful. Near the end of the registration process for a trademark application, the USPTO publishes the application for the public to view for days.