Monday, September 22, 2014

Little Known Facts About Trademark Opposition

By Karina Frost


Opposition of a trademark can be a part of the registration and application process. For successful application, basically you are required to do things such as filing up an application, negotiate with the examiner and finally the approval and publishing. If 30 days have past without publication issues, you will be able to obtain a registration certificate.

This is not always the case. In some situations, a public member can intervene with the process. This can be done by filing a trademark opposition. When this happens, the third party who objects will need to file a Notice of Opposition. For most cases, instead of doing this they will try to extend the certification release for another 30 days or so. They will use the extended period to file a further investigate if they need to file an opposition or not.

The department that handles this kind of cases is TTAB or also known as Trademark Trial and Appeal Board. They are the one responsible in issuing notices and providing deadline schedule as well. As the registrant, you will receive the notice and responding to it immediately is a must.

Once you respond, that is the time the board will make the decision if they will approve your mark or hold it. Typically, this is a rare case because most of the time the disputes are settled by both parties through negotiation. As for the board, they prefer this kind of settlement.

You also have to remember that an intervention if not resolved, will cost a lot of money. This is the primary reason that resolving it as soon as possible is very crucial. It will save significant fees in the long run. However, if this will not happen, the fees incurred might reach for about five figures depending on how long it takes.

Of course, you have to select someone that knows everything about how it works. That way, you have a better chance of winning the case and can negotiate better. Most of the time, those experienced individuals already have strategies in mind on how to get away with these kind of circumstances.

Always make sure that you are working with a legit lawyer. You can achieve this by asking some legal documents about his profession. Also, you can go to BAR association in your place and ask for a list of lawyers that specializes on the problem that you have right now. The can surely provide you enough list in where you should consult.

Referrals can also help a lot. If you have friends or someone you know who already has an experience about the circumstance that you have right now, then try to ask him or her for recommendations. This is an excellent alternative if you cannot find references from the BAR association in your place.

Do not hesitate to ask help, especially if the things involved are out of your knowledge. Additionally, Crystal Lake, IL is an excellent location if you are unsure on where to begin. They have attorneys that specializes in these field and experienced enough to handle it.




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