A trademark opposition is a legal action in which one party attempts to prevent a trademark application from being approved. Service providers who believe your trademark may adversely affect them or their own trademark submit a trademark opposition with the trademark examiner in writing, in the form of a warning. If the examiner believes the opposition has merit, the notification will be forwarded to the applicant, who will have two months to submit a counter statement to the Registrar.
If the Registrar believes the rebuttal statement adequately addresses the opposition, the opposition may be dismissed. Alternatively, if the registrar believes there is more to be considered, they may convene a hearing in which both parties submit their cases. The Registrar will rule on the legitimacy of either the application or the opposition after the hearing. Within three months following its publication, this judgement can be challenged to the Intellectual Property Appellate Board.
'Opposed' signifies that a third party has objected to the registration of your trademark and has filed an opposition. As a thorough statement, the opposition is followed by a reply/counterstatement, which has to be filed in response.
In the following instances, a third party will raise opposition under the Trademarks Act of 1999:
The reply is an opportunity for you to present your arguments in response to the Examiner's objections, and it should be filed appropriately. Although it is not required to retain a lawyer in order to file a response, it is suggested to do so in order to improve your chances. Attorneys have a thorough understanding of trademark concerns and can provide reliable legal guidance.The timeframe for filing a trademark opposition answer or counter-statement is thirty days after the applicant receives the report or sixty days after the opposition status is published online.
The applicant will benefit from filing a trademark opposition response in the following ways:
A copy of the trademark application number, as well as information about the registered trademark.
Authorizing our attorney to act on your behalf, signed on non-judicial stamp paper.