Written by Jan Buza
Co-founder of Trama
Oppositions are an essential part of the trademark registration process.
A trademark gives its owner the legal right for the exclusive use of the trademark in commerce and the means to fight infringement. Brand infringement can come in different shapes and sizes, including infringement from newly filed trademark applications.
Therefore, owners of registered trademarks are allowed to challenge new applications if they believe the newly filed mark infringes on their trademark. They can do so by raising an opposition during a specific window in the mark's registration process, called the opposition period.
The length of the opposition period depends on the jurisdiction but is usually 2-3 months. If an opposition is raised during the period, the opposition proceedings start. Usually, the parties are first asked to resolve the issue "amicably". If they don't reach an agreement, the case is then assessed by the IP office, which can take another several months. In the end, the new mark is either permitted registration or rejected.
What should I do if my trademark application receives a specimen refusal in an office action?
Is it wise to start selling products while the trademark registration has not been completed yet?
What are advantages of filing my TM through a lawyer / law firm?
We have multiple partners to be listed as joint owners of the trademark. Is this possible?
If I own a trademark in one country, is it valid in another country as well?
Does the cost of trademark registration depend on the number of classes?
What is the best way to register a trademark in multiple countries?
What is better - owning a trademark as a sole proprietor or an LLC?
How long will it take to get the registration number for a trademark?
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.
