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Trademark Opposition in USA
TRADEMARK OPPOSITION PROCEDURE IN USA
An opposition against a trademark application in the USA (United States of America) can be filed as under [§ 13 (15 U.S.C. § 1063)]
- For trademark opposition in USA Once a trademark application is published in the Official Gazette, any person can file a notice of opposition on relevant grounds (Absolute grounds; non-compliance of formal requests; Abandonment of mark; Fraud; Dilution), alongwith fee within the prescribed period of 30 days (extendable up to 30 days and maximum up to 180 days) before the Trademark Trial and Appeal Board (TTAB) of the USPTO. If no opposition is filed within the prescribed period, the application proceeds for registration.
- If a notice of opposition is filed, the Board issues an institution order and the same is duly served upon the applicant and the applicant is required to file an answer within the prescribed period of 40 days (extendable upon request)[1]. If no response is filed, a Notice of Default is issued and the applicant is required to show cause for the same, failing which the application is abandoned.
- Afterwards, the parties are required to enter a Discovery Conference within 30 days, wherein the parties discuss their respective claims and evidences and subsequently are required to file their respective evidences within the prescribed period of 30 days and 15 days for the opponent to file a rebuttal to the applicant’s evidence.
- Once the pleadings are complete, the matter proceeds ahead for hearing with the TTAB, which can be reconsidered upon request of any party within 30 days. An appeal against the decision of the TTAB may be filed by any party in the Court of Appeals for the Federal Circuit or request a new trial before the U.S. District Court within the prescribed period of 2 months[2].
Related Posts
[1] Trademark Oppositions in the United States of America; https://ipo.org/wp-content/uploads/2015/02/Trademark-Oppositions-in-the-United-State_CKrechevsky_Final_As-Published-by-ECTA_052714.pdf; April 02, 2020
[2] Ibid ; Trademark Opposition Proceedings in the United States (PDF); https://www.wipo.int/export/sites/www/sct/en/comments/pdf/sct17/us_1.pdf; accessed on January 18, 2021
