Question: Can Trademarks Be Challenged By Third Parties?

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..

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 long is the opposition period for a trademark?

As the period allowed for filing a notice of intention to oppose is two months from the date of advertisement of acceptance in the Official Journal, the period within which a trade mark may be registered effectively runs for four months from the end of the opposition period.

Can a trademark be opposed after registration?

Statutorily, Section 21 of the Trademarks Act, 1999 states that ‘any person’ can file the notice of opposition. This includes individuals, companies, partnership firms and trusts. In fact, if two or more persons have the same issues against a trademark, they can be joined together as opponents.

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.

What do you do when someone uses your trademark?

The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.

How do you get around a trademark?

Here are five steps small business owners can follow to avoid a trademark infringement lawsuit:Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. … Enlist help. … Consider general liability insurance. … Register your trademark. … Document your findings.

Who can oppose a trademark?

Anybody can file an opposition based on absolute grounds. Before the UK IPO, parties can agree to enter into a ‘cooling-off period’ to negotiate a resolution to the dispute. The mutually agreed request must be filed within the two months allowed for an applicant to file a defence.

What does it mean when a trademark is published?

A Notice of Publication in a trademark application is a good thing. It means that your trademark application has received preliminary approval by the USPTO trademark examining attorney. … It means that your Office Action response successfully persuaded the trademark examining attorney to withdraw the refusal to register.

How much does it cost to oppose a trademark?

Filing a Notice of Opposition: The standard official fee is £200. It is also possible to file a Fast-Track Opposition (TM7F) for a reduced official fee of £100 where you rely on limited grounds of opposition. Click on this https://www.gov.uk/guidance/trade-marks-manual/tribunal-section §3.1.

How long do Trademarks last in the US?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Can we use objected trademark?

Status: Objected If the Examiner /Registrar raises objections in the Examination Report, the status of your trademark application will show as “Objected”. After the application is scrutinized, objections may be raised by the Examiner/Registrar under the Trade Marks Act Sections 9 and 11.

Can you go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

Why is a trademark Cancelled?

Trademark cancellation is a legal argument under the Lanham Act. Its purpose is to allow a party to petition for removal of a trademark from the federal register. This is done by filing a Petition to Cancel, which is usually argued before the TTAB, or Trademark Trial and Appeal Board.

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).

What happens when someone opposes your trademark?

Generally, the TTAB will issue a favorable ruling for the opposing side. In some cases, you may be able to file a motion to lift the default judgment and continue on with the trial. If a default judgment is issued against you, the judgment is binding against any future applications you try to file for the same mark.

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 does a trademark process take?

In addition, you should receive an initial response from the US Patent and Trademark Office (USPTO) within approximately three months of filing the application. However, the total application processing time may be anywhere from 6 months to a year, or even longer.