What happens if my trademark is opposed?
What happens if my 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.
What does it mean when a trademark is published for opposition?
Published for opposition refers to the period before a trademark can officially be registered. During this time, companies and the public can object to the trademark’s registration.
How do you fight a trademark opposition?
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.
On what grounds can you oppose a trademark?
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.
How long does a trademark opposition take?
Approximately Four to Six weeks after being approved for publication a trademark application is published for opposition. The mark is published in a book of all published trademarks before the U.S. Patent and Trademark Office known as the Official Gazette. Trademarks are published for opposition for 30 days.
How long is the opposition period for a trademark?
thirty days
Any entity that thinks it will be harmed by registration of the mark has thirty days from the day the mark is published in the Trademark Official Gazette in which to file an opposition. However, as noted below, extensions of time may be granted, extending that period up to six months.
What is the penalty 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 I challenge a trademark?
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).
How long is trademark opposition period?
for 30 days
Trademarks are published for opposition for 30 days. During this period any party wishing to object to the registration of the trademark may do so by filing a Notice of Opposition.
How much does it cost to sue for trademark infringement?
Now consider the cost of suing. 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.
Is there an annual fee for trademarks?
The answer is that no. Most countries recognize your trademark registration for 10 years and you can renew it for another 10 years, and then another 10 years, and then another 10 years.
How long is opposition period?
| Register | Opposition period |
|---|---|
| United States of America | An opposition must be filed within 30-180 days after the date of publication, or within an extension period granted by the Trademark Trial and Appeal Board for filing an opposition. The opposition period is extendable up to 180 days after the mark is published. |
How do I turn someone into a trademark infringement?
The only way to report trademark infringement is by filing a lawsuit. Upon proving that a trademark has been infringed upon, there are several ways to rectify the situation: Issuance of a court order requiring the infringer to discontinue use of the mark.