What is Trademark Opposition?
Trademark Opposition is a legal procedure that allows any third party to formally object to the registration of a trademark after it has been accepted by the Trademark Registrar and published in the Trademark Journal. The purpose of opposition is to prevent the registration of trademarks that may cause confusion, dilute existing brands, or violate legal provisions.
When Does Trademark Opposition Occur?
Once a trademark application is accepted and published, there is a 4-month window during which any person or business can file a notice of opposition with the Trademark Registry. This period allows stakeholders to challenge marks they believe conflict with their own rights or interests.
Grounds for Trademark Opposition
Opposition may be based on several grounds, including but not limited to:
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The trademark is identical or confusingly similar to an existing registered trademark or prior application.
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The mark lacks distinctiveness or is descriptive and thus cannot be registered.
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The trademark is deceptive, misleading, or likely to cause confusion to the public.
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The applicant does not have a bona fide intention to use the trademark.
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The mark is contrary to law, morality, or public order.
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The trademark infringes on well-known or famous marks.
The Trademark Opposition Process
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Filing a Notice of Opposition: The opponent files a formal opposition application within the 4-month window.
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Submission of Counterstatement: The trademark applicant must respond by filing a counterstatement defending their mark within 2 months.
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Evidence Submission: Both parties may submit evidence supporting their claims.
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Hearing: The Registrar may schedule a hearing where both parties present their arguments.
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Decision: Based on the evidence and arguments, the Registrar decides whether to refuse or allow the trademark registration.
How We Assist in Trademark Opposition Cases
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For Opponents: We help prepare and file the notice of opposition, gather evidence, and present a strong case to protect your brand.
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For Applicants: We assist in drafting counterstatements, gathering evidence to prove your mark’s validity, and representing you in hearings.
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Negotiations and Settlements: We facilitate out-of-court settlements or coexistence agreements to resolve disputes amicably.
Protect Your Brand from Trademark Opposition
Facing an opposition can be challenging but with the right legal support, you can effectively defend or challenge trademarks to safeguard your business interests. Contact us today for expert assistance in all aspects of trademark opposition proceedings.