May 5, 2016

Trademark Opposition

Mynyx Consulting can help you with drafting an application for opposition. Opposition is a lawful proceeding, in which a party attempts to prevent a pending trademark applicationfrom being granted registration. Although the specific grounds for lodging an opposition vary from jurisdiction to jurisdiction, a party can oppose the registration if the mark can cause them any damage. The opposition procedure is initiated by publishing the application in its pre-grant stage in a gazette, bulletin or government journal. Minor rules such as filing the opposition within three months of the publication do apply. If the opposition period occurs after issuing the registration, then it is called post-grant opposition.

An official decision to dismiss or uphold the opposition is issued by the authorities in writing. Settlement agreements, including amendment of goods and services of the opposed application, withdrawal of the opposition and restrictions on use of the trademark, are common. The losing party in an opposition proceeding can appeal an unfavorable decision to a higher authority in the trademark office, registry or court.

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