There are a number of different trademark oppositions, these are:
If the Trade Marks Office accepts a trademark application, it will be published in the Official Journal of Trade Marks. Third parties are then able to file a Notice of Opposition in response to the application for up to two months after the date of publication. This two-month period can be extended in restricted circumstances. If an opposition is received, the trademark may take some time to be resolved. An application may be opposed on various grounds, including those available to the examiner.
Alternatively, an opponent might claim that the applicant is not the true owner of the trademark, or that the mark was obtained on the basis of false statements or representations. The opponent must provide evidence in support of their claim and the applicant will be afforded the opportunity to respond. A hearing may even be scheduled.
In some instances parties may seek to remove a trademark from the trademarks register for non-use. Much like oppositions that arise in relation to trademark applications, oppositions may also arise where the registrant of a trademark opposes an application to remove a trade mark for non-use.
We take care of the whole opposition process on your behalf, including:
If you need help with trademark portfolio management, or just want advice on trademarks in general, contact Cooper Mills today.Get your Free Consultation