Who Can Oppose A Trademark?

How long is opposition period for trademark?

As the period allowed for filing a notice of intention to oppose is two months from the date of advertisement of acceptance in the Official Journal, the period within which a trade mark may be registered effectively runs for four months from the end of the opposition period..

Can we use objected trademark?

Status: Objected If the Examiner /Registrar raises objections in the Examination Report, the status of your trademark application will show as “Objected”. After the application is scrutinized, objections may be raised by the Examiner/Registrar under the Trade Marks Act Sections 9 and 11.

Can a trademark be challenged?

A U.S. trademark registration can be challenged after it is registered by the US Patent and Trademark Office. A petition for cancellation of a trademark registration can be filed with the US TTAB (Trademark Trial and Appeal Board).

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.

How hard is it to get a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

How long does UK trademark last?

10 yearsTrade marks must be renewed every 10 years. You can renew a trade mark in the 6 months before it expires and up to 6 months afterwards. You cannot renew online if your trade mark expired more than 6 months ago. You might still be able to restore your trade mark by post.

Who can file a trademark opposition?

Any person who believes that he or she would be damaged by the registration of a mark on the Principal Register may oppose registration by filing a notice of opposition with the Board, and paying the required fee, within thirty days after the date of publication, or within an extension period granted by the Board for …

Can you sue someone for using your trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

What does a trademark protects?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. … This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment.

How much does it cost to trademark a slogan?

Trademarking a slogan comes with the same fees as other trademarks. The cost will range from $225 to $400 dependent on the TEAS form you use. The price is inversely related to strictness of the requirements you must meet. You’ll see the lowest fees with the TEAS Plus application which is $225 per class.

Should I hire a lawyer for trademark?

Working with a trademark attorney to register your trademark is highly recommended. While it is not a requirement for U.S. citizens to hire an attorney when registering a trademark, the USPTO highly recommends working with an attorney to prepare and file your application.

Should I trademark my company name?

The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court. …

How much does it cost to oppose a trademark?

How can I oppose a trade mark application and what does it cost? If you want to oppose the registration of a trade mark then you must file a TM7 ‘Notice of opposition and statement of ground’. If your opposition is only based on Sections 5(1) and/or 5(2) grounds the fee will be £100.

How long is the trademark process?

about 8 to 12 monthsIn general, this process can take about 8 to 12 months after you submit your application.

How do I defend my trademark?

The 5 Things You Must Do to Protect Your TrademarkDo Your Homework. The USPTO won’t register your trademark if there is a “likelihood of confusion” with another registered trademark. … Prepare and File a Trademark Application. … Respond Promptly to Office Actions or Oppositions. … Monitor Your Trademark. … Maintain Your Trademark.

What happens if a trademark is objected?

Once an objection is filed the applicant will be given due notice about the objection as well as the grounds of objection. The first thing one must do is file a counter statement to the objection. Failure to file an objection within 2 months will change the status of the application to Abandoned.

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.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;