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Overview of Trademark Opposition

Trademark Opposition is a legal process wherein a third party challenges the registration of a trademark after the application has been accepted and published in the Trademark Journal by the Trademark Office. It provides an opportunity for any person or entity to oppose the registration of a mark that they believe is identical, similar, or otherwise objectionable to their own rights.

When Does Trademark Opposition Occur?

After the Trademark Registry accepts a trademark application, it publishes the mark in the Trademark Journal for public inspection. This publication marks the start of the opposition period, typically lasting 4 months from the date of publication. During this time, any third party can file an opposition application against the trademark on valid grounds.

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Overview of Trademark Opposition

Trademark Opposition is a legal process wherein a third party challenges the registration of a trademark after the application has been accepted and published in the Trademark Journal by the Trademark Office. It provides an opportunity for any person or entity to oppose the registration of a mark that they believe is identical, similar, or otherwise objectionable to their own rights.

When Does Trademark Opposition Occur?

After the Trademark Registry accepts a trademark application, it publishes the mark in the Trademark Journal for public inspection. This publication marks the start of the opposition period, typically lasting 4 months from the date of publication. During this time, any third party can file an opposition application against the trademark on valid grounds.

Grounds for Trademark Opposition

A trademark opposition can be based on several grounds, including:

Similarity or likelihood of confusion with an existing registered or well-known trademark
The mark is descriptive, generic, or lacks distinctiveness
The mark is identical or deceptively similar to another mark used in commerce
The mark is likely to deceive or cause confusion among consumers
The trademark application contains prohibited or scandalous matter
The mark infringes on prior rights (such as copyright or a trade name)

The Opposition Process

The trademark opposition process involves several key steps:

1. Filing Notice of Opposition

The opponent files a written notice stating the grounds of opposition along with evidence and the prescribed fee within the opposition period.

2. Counter Statement by Applicant

The trademark applicant must respond by filing a counter statement within 2 months, defending the trademark application.

3. Evidence Submission

Both parties submit evidence supporting their claims, including documents, affidavits, and witness statements.

4. Hearing Before the Registrar

A hearing is scheduled where both parties present their arguments.

5. Final Decision

The Registrar evaluates the evidence and arguments, then decides to either accept or reject the trademark application.

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