Quick Answer: What Is The Opposition Period For A Trademark?

Can a trademark be opposed after registration?

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..

Does my logo need a trademark?

By common law, a logo is trademarked as soon as it’s used in commerce. … However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.

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.

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.

What does it mean when a trademark is published for opposition?

A trademark is published for opposition after the USPTO determines that your trademark application complies with all applicable laws, rules, and regulations. … If the examining attorney concludes that your application meets all legal requirements, it will approve your trademark for publication.

How do you fight a trademark opposition?

You basically have three options:Do Nothing. Let your trademark protection lapse and likely lose any legal protection for your brand.Fight Back On Your Own. To do this effectively, you will need to learn how to navigate the Federal Rules of Civil Procedure properly.Hire An Attorney.

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.

What is trademark registration fee?

Trademark registrations are distinctive to the goods or services they represent. … The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.

What happens if my 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 we use objected trademark?

When the status of the trademark in the Indian Trade Mark Registry website is shown as ‘objected’, this means that the trade mark examiner has raised an objection against the Trade mark in the examination report.

How do I defend my trademark?

The 5 Things You Must Do to Protect Your TrademarkDo Your Homework. The USPTO won’t register your trademark if there is a “likelihood of confusion” with another registered trademark. … Prepare and File a Trademark Application. … Respond Promptly to Office Actions or Oppositions. … Monitor Your Trademark. … Maintain Your Trademark.

How do you respond to a trademark objection?

4. How to respond to an objection?The first thing one must do is file a counter statement to the objection.This must be done within 2 months from the date of receipt of the notice of objection.Failure to file an objection within 2 months will change the status of the application to Abandoned.

Can Trademarks be challenged by third parties?

This is the process by which trademark owners and other third parties can challenge trademark applications where there is a perceived conflict with their business and earlier rights.

Do I need an attorney to file a trademark?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).

What is the meaning of accepted in trademark?

Accepted: Accepted means that the examiner has not raised any objections and that your trademark will be published in the trademark journal, prior to registration. … Accepted and Advertised: This means that your trademark has been advertised in the trademark journal.

How much does a trademark opposition cost?

While there are no fees required for filing requests to extend the opposition period, fees are required for filing the opposition. The fee is $300 per class for each opposer. As noted above, the opposition may be filed electronically.

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).

Is there an annual fee for trademarks?

With both methods, applicants will need to consider the fees for application and registration. There is no longer a fee to register your trade mark. However, if you applied before Monday 10 October 2016, you will still need to pay a registration fee when your trade mark has passed examination.

What happens after trademark is published?

After the mark is published in the “Official Gazette,” any party who believes it may be damaged by registration of the mark has 30 days from the publication date to file either an opposition to registration or a request to extend the time to oppose.

Can you use TM without registering trademark?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.