Who can oppose a trademark application?
According to Section 21 of the Trademark Act, ‘any person’ can oppose a trademark, irrespective of his commercial or personal interest in the matter. A trademark can be countered by filed by a customer, member of the public or competitor, or any other person.
Can there be opposition to registration of trademark?
A ‘Trademark opposition’ means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed. Any person, natural or legal, may file an opposition with the Registry.
How do I dispute a trademark application?
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.
What happens if a trademark is opposed?
If a mark gets opposed and the status of the mark reflects so, the Trademark Office would then send a copy of the written notice of opposition from the third party to the applicant/applicant’s agent.
What happens if a trademark is objected?
Once the counter is filed, the Registrar may call for a hearing if he rules in favour of the applicant the trademark will be registered. If he rules in favour of the opposing party, the trademark will be removed from the Journal and the application for registration will be rejected.
Who can sue for infringement of trademark?
A registered user of a trade mark is the only entity which is recognised as having a right to institute lawsuits for infringement. Subject to an agreement with the registered proprietor, a registered user can institute a lawsuit in its own name (section 52, Trade Marks Act).
What is rectification filed in trademark?
Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration. … In such cases, the Indian Trademark Act provides for file rectification of the registered trademarks.
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 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.