Can you oppose a registered trademark?
Trademark Opposition Process
After advertisement of a trademark in the Trade Marks Journal, any person can oppose registration of the trademark for a period of 3 months (which may be extended by a period not exceeding 1 month). … If a trademark opposition is successful, the registration of the trademark will be refused.
Can someone challenge a registered trademark?
If a person objects to the registration of a trademark that has been applied for, they can start an opposition as long as it properly raises at least one ground of opposition set out in sufficient detail to enable the other party (the applicant) to reply to it. An opponent can be one or more individuals or entities.
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.
What happens if your trademark is opposed?
If only some of the goods and/or services have been opposed, the application will be deemed abandoned in respect of those specified items and the trade mark will be registered for the remainder of the goods/services.
How do I appeal a trademark?
An appeal from an examining attorney’s action is taken to the Trademark Trial and Appeal Board (Board), not to a court. An appeal is taken by filing a notice of appeal and paying the appeal fee within six months of the date of issuance of the action from which the appeal is taken. 15 U.S.C. §1070; 37 C.F.R.
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).
What is the difference between a trademark and a registered trademark?
What is Trademark vs. … The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
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.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Why are trademarks Cancelled?
Trademark cancellation is important because it protects the property of business owners. It also protects their ability to compete in the free market. An application for a mark can be refused if there is a similar mark already registered.
Why do trademarks get denied?
Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else’s (already existing) trademark, your registration will not be granted.
Can we use objected trademark?
While filing an opposition the person opposing it must include the grounds upon which he is opposing the registration of the trademark. The examiner will provide the applicant due opportunity to defend his application as per the process laid out under the Act.
How do I know if my trademark is opposed?
A trademark may be opposed because a mark is generic, disparaging, inappropriate, functional, merely descriptive, geographically descriptive, would dilute a famous mark and various other reasons that would directly damage the Opposer.