Why do people oppose trademarks?
The most common reasons for opposing a trade mark application is that: the trade mark is descriptive of the goods and/or services. that it is generic for those goods/services. it’s non-distinctive and should be free for everyone in that line of trade to use.
Who opposed trademark?
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.
What happens when your trademark is opposed?
Anyone who is interested to oppose the Trademark Registration has to issue a Notice of Opposition within 4 months from the date of publication of advertisement in the trademark journal in Form TM-O along with the prescribed fees.
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.
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).
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.
Can a trademark be objected after registration?
Similar to a registered trademark
If it is found by the examiner that the mark being applied for is similar to an already registered trademark or a trademark currently is registration he can reject the application.
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.
When can I use TM on my logo?
™ – 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.