Trademark Opposition


When anyone applies to legally register a trademark, the regulatory body for trademarks in the location of the application examines the application to make sure it conforms with their trademarks law.  If the application meets all legal requirements, it can be approved for publication officially.  Once it is published, owners of any previously registered and similar trademarks can oppose the registration of the application.  To do this any parties concerned that the trademark will infringe on their property must file a notice of trademark opposition.

How Does Trademark Opposition Work?

Once a trademark opposition has been lodged, the person applying for registration is notified of the opposition to their application.  Generally speaking the registering party then has a fixed amount of time to reply to opposition. The process is entirely regulated by the trademark regulations and law of the area that the application has been filed.

In filing a trademark opposition the opponent is claiming that they have a previously registered trademark which is similar to the application in nature, name or appearance. They are effectively claiming the rights afforded to them by having previously registered their trademark. The purpose of a trademark opposition is to block the current application from becoming registered.

How Does BATTLE Assist with Trademark Opposition?

BATTLE can prepare an assessment or opinion of the legal rights or complications involved in any trademark opposition.  Our specialist knowledge of business names and rights to registered trademarks, allows us to quickly determine the strengths or weaknesses involved in any trademark opposition. We strive to resolve any issues you may have, whether you want to file an opposition or defend your application against one.

As trademark specialists, we regularly deal with trademark oppositions.  We work to find answers to the issues involved.  In the majority of our cases,  we have negotiated successful outcomes which can include trademark agreements or other solutions.

At BATTLE, we seek to provide sound advice about the commercial aspects and legal rights embodied in any cases of trademark opposition.  Where a case has to be heard at a higher level, for example at a court or at a tribunal with a standing of a court, we currently do not provide such services and you may need to obtain services elsewhere, for example, the services of solicitors, attorneys or barristers.



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