Frequent question: What happens when a trademark is opposed?

How do you respond to a trademark opposition?

How to respond to an objection?

  1. The first thing one must do is file a counter statement to the objection.
  2. This must be done within 2 months from the date of receipt of the notice of objection.
  3. Failure to file an objection within 2 months will change the status of the application to Abandoned.

What does trademark opposition mean?

A trademark opposition is a type of litigation proceeding at the Trademark Trial and Appeal Board (Board) where a third party can object to your application before it is granted a registration.

How does a trademark opposition work?

An opposition is a proceeding in which one party is seeking to prevent registration of another party’s trademark. Under the law, if a party believes that he will be damaged by the registration of a mark, he can file an opposition. For more information, see TBMP § 102.02. I just got a petition to cancel.

Can you fight a trademark?

How can I challenge a trademark registration or application? … 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).

How long does a trademark last?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

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™ – TM Symbol ©

The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.

Can a trademark be opposed after registration?

Rectification of Trademark Register: Any ‘person aggrieved’ by the registration of a trademark, may file for removal, cancellation or rectification of the register of trademarks. Rectification is used to remove a registered trademark from the register which is not used within 5 years from the date of its registration.