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Trademark Opposition 101

By Charles H. Knull What is an opposition or cancellation proceeding and what does it mean for your trademark strategy? Opposition and cancellation proceedings are administrative trials held within the Trademark Trial and Appeal Board, which is a reviewing arm of the U.S. Patent and Trademark Office.  They are one of the ways that disputes between trademark owners can be resolved during the process of registering a U.S. trademark. An opposition is an action brought against a "published application" by someone who doesn’t want the trademark to register (generally someone with a similar trademark).  When an application for trademark registration is filed, not only is the application reviewed by a Trademark Examiner at the USPTO, but also, if the application is approved, it is published in an issue of the weekly USPTO Official Gazette. Once published, anybody can file objections within 30 days.  Those objections can trigger an opposition proceeding. A [...]

By | 2018-01-18T09:49:34+00:00 April 29th, 2015|Categories: |Tags: , , , , |Comments Off on Trademark Opposition 101