Can A Trademark Be Challenged?

How long is the opposition period for a trademark?

for 30 daysThe 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.

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 oppose a trademark?

How can I oppose a trade mark application and what does it cost? If you want to oppose the registration of a trade mark then you must file a TM7 ‘Notice of opposition and statement of ground’. If your opposition is only based on Sections 5(1) and/or 5(2) grounds the fee will be £100.

Kelley Keller: Use TM or SM for unregistered marks only. This includes marks that are the subject of a still-pending application in the U.S. Patent and Trademark Office. Use TM for marks that represent goods and SM for marks that represent services. If your mark covers both products and services, TM is recommended.

What happens when a trademark is opposed?

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.

Can a trademark be opposed after registration?

Sana Singh. 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.

Can a registered trademark be challenged in India?

The Trademarks Act prescribes that any person can file a notice of opposition against a trademark within four months of the date on which the trademark application is advertised or re-advertised in the Trademarks Journal. The opponent need not have an application or registration in India in order to oppose a trademark.