Question: What Happens When Someone Opposes Your Trademark?

How do I object to a trademark application?

If you want to oppose the registration of the trade mark without any extension of the time period allowed, then you can file a TM7 ‘Notice of opposition’ with the appropriate fee.

The time during which the TM7 must be filed is 2 months beginning immediately after the date on which the application was published..

Can you sue someone for using your trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

How long is the trademark process?

If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. It can take three to four months from the time the notice of publication is sent before the applicant will receive official notice of the next status of the application.

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.

How hard is it to get a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

What does it cost to register a trademark?

Applying for a trade mark using the standard filing serviceActionFeeTrade mark application – with picklist$250 per classTrade mark application – without picklist$400 per classSeries trade mark application -with picklist$400 per classSeries trade mark application – without picklist$550 per class

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.

Can a trademark be challenged?

A U.S. trademark registration can be challenged after it is registered by the US Patent and Trademark Office. A petition for cancellation of a trademark registration can be filed with the US TTAB (Trademark Trial and Appeal Board).

Who can file a trademark opposition?

Any person who believes that he or she would be damaged by the registration of a mark on the Principal Register may oppose registration by filing a notice of opposition with the Board, and paying the required fee, within thirty days after the date of publication, or within an extension period granted by the Board for …

Should I hire a lawyer for trademark?

Working with a trademark attorney to register your trademark is highly recommended. While it is not a requirement for U.S. citizens to hire an attorney when registering a trademark, the USPTO highly recommends working with an attorney to prepare and file your application.

What does opposed mean in 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. … Notably, the person filing the opposition need not have any commercial interest in the matter or a prior registered trademark in the Registry.

Copyright protects the material embodiment of an idea. As examples, that could be a literary work, a musical work or an artistic work, whereas trademark is a sign that is used by a person, whether that be an actual person or a legal entity, as a way of indicating the trade source of particular goods or services.

What rights does a trademark give you?

Trademark rights allow you to stop other people from using your trademark to sell goods or services. Those rights also protect consumers because they can know the source of goods or services they’re buying.

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.

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.

How do I know if my trademark is approved?

To check the status of your trademark application, please visit http://tarr.uspto.gov/ and use your USPTO trademark serial number to locate your application.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

What happens after trademark is published?

USPTO registers your trademark. Within about three months after your trademark publishes in the Trademark Official Gazette, if no opposition was filed, we register your trademark.

How long does a UK trademark last?

10 yearsTrade marks must be renewed every 10 years. You can renew a trade mark in the 6 months before it expires and up to 6 months afterwards. You cannot renew online if your trade mark expired more than 6 months ago. You might still be able to restore your trade mark by post.

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.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.