Can I oppose a registered trademark?
If the mark has been published for proposed registration on the Principal Register, the party—usually the owner of a competing mark—can oppose the registration. The opposition must be in writing and be filed within 30 days of the proposed mark’s publication in the Official Gazette.
How do I challenge a trademark registration?
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).
What happens when someone opposes your trademark?
Generally, the TTAB will issue a favorable ruling for the opposing side. In some cases, you may be able to file a motion to lift the default judgment and continue on with the trial. If a default judgment is issued against you, the judgment is binding against any future applications you try to file for the same mark.
How long do you have to challenge a trademark?
The trademark opposition period is a period of thirty days when anyone with a real interest in the proceeding can oppose the trademark application and attempt to stop the trademark from being registered.
Can a trademark be overturned?
Since trademarks are issued to preserve distinctiveness, anything diluting the meaning of a mark can be grounds for cancellation. Not only do such instances result in lost rights, but they may also require businesses to either undergo expensive rebranding campaigns or forgo a particular product or service entirely.
Can I sue someone for using my trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Can you sue for trademark infringement without registration?
Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. … Indeed, federal law allows for a trademark infringement claim even without registration (15 U.S.C. § 1125(a)).
How do you win a trademark?
You win a trademark opposition by promptly reaching a reasonable settlement, which may feature a co-existence agreement between the parties. Accomplishing this before you spend time, effort, and attorney fees pursuing litigation that you may not be able to afford, given the cost through completion, is indeed a victory.
Why would a trademark be opposed?
The various grounds on the basis of which a person may initiate Opposition Proceedings are: The trademark is similar or identical to an earlier or existing registered trademark. The mark is devoid of distinctive character. The mark is descriptive in nature.
How do you respond to a trademark opposition?
Generally speaking, you must answer a trademark opposition within 40 days of the TTAB instituting the opposition proceeding. You have to file the answer electronically through the ESTTA system and you have to properly serve a copy of the answer on the opposer (generally via email).
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.
How do you file a trademark objection?
How to respond to an objection?
- The first thing one must do is file a counter statement to the objection.
- This must be done within 2 months from the date of receipt of the notice of objection.
- Failure to file an objection within 2 months will change the status of the application to Abandoned.
Who can file trademark cancellation?
Who Can File a Petition to Cancel? Any person who believes that he is or will be damaged, including as a result of a likelihood of dilution by blurring or dilution by tarnishment under section 1125 (c) of the Lanham Act, by the registration of a mark on the principal register, may file a petition to cancel.