From Kimono, through #KimOhNo, to Skims: A branding nightmare for Kim Kardashian
#KimOhNo became a symbol of the backlash to Kim Kardashian’s attempt to register a trademark for her new line of shape wear, Kimono.
The simple answer is yes - anyone can oppose a trademark. This can even be a person who does not have a registered trademark in a given country. However, some conditions must be met.
Filing an opposition is based on either absolute or relative grounds.
Absolute grounds for opposition or refusal relate to those marks that fail to function as trademarks. If you believe a mark fails to distinguish its goods and services from other brands, you might be able to file an opposition on absolute grounds.
Relative grounds for refusal apply to such cases where an earlier owner of a mark files an opposition against a pending trademark due to significant similarity between the two marks in question. The similarity must be notable enough to result in confusion in the market.
How much does it cost to register a trademark by myself vs by an attorney or an online service?
What is better - owning a trademark as an individual or as a business?
I want to register a Chinese trademark in one class; how much would that cost?
Can I register a trademark later if I can prove I was using it?
I want to register an US trademark in one class; how much would that cost?
What's better - registering the name or logo as a trademark?
I want to register a JP trademark in one class; how much would that cost?
Can my competition oppose the registration even if they do not own a trademark?
What if my company name is already trademarked by someone else?
If I file my trademark on an intent-to-use basis, can I provide the specimen later?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.