How much does it cost to fight a trademark?
Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.
How do you oppose a trademark?
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.
Can we use opposed trademark?
Any person can oppose a trademark application filed by an applicant for various reasons during the trademark application stage. According to Section 21 of the Trademark Act, ‘any person’ can oppose a trademark, irrespective of his commercial or personal interest in the matter.
Can you sue someone for 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.
How much can you be sued for trademark infringement?
Damages and lost profits that can be as much as $150,000 per infringement. An injunction that will stop the unauthorized use of the copyrighted material. Prison time for the infringer. Recovery of attorney and court fees that must be paid by the defendant.
Can a trademark be challenged after registration?
Less commonly, a trademark registration may be challenged after it has already been established. The Lanham Act enables parties to challenge a registration under certain circumstances. Any party that believes it may be damaged by the mark is empowered to challenge it.
Who can cancel a trademark?
Registrations can also be cancelled under §37 of the Trademark Act, 15 U.S.C. §1119, pursuant to the final order of the court in an action involving a registered mark. The party who has prevailed in the civil action must submit a certified copy of the court order or decree to the Office of the Solicitor of the USPTO.
How do I challenge a registered trademark?
Any aggrieved person can file a petition in a prescribed manner seeking rectification or cancellation of the mark before the Trademark Registry Office or Intellectual Property Appellate Board (IPAB).
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 does opposed mean in trademark?
Opposition of a 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.