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.
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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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.
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.
A trademark opposition can be based on several grounds, including:
The trademark opposition process involves several key steps:
The opponent files a written notice stating the grounds of opposition along with evidence and the prescribed fee within the opposition period.
The trademark applicant must respond by filing a counter statement within 2 months, defending the trademark application.
Both parties submit evidence supporting their claims, including documents, affidavits, and witness statements.
A hearing is scheduled where both parties present their arguments.
The Registrar evaluates the evidence and arguments, then decides to either accept or reject the trademark application.
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