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Trademark Oppositions
& Cancellations
The trademark-side of the United States Patent
and Trademark Office (USPTO) does more than grant or deny trademark registrations.
There are procedures, available to anyone having a legitimate interest to
protect, for contesting a registration before it issues, or
after it issues.
Oppositions.
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All applications
for registration of a mark on the Principal Register that have passed the
examination stage are published for opposition.
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The date of publication
opens a thirty-day window period for filing a Notice of Opposition, or a
request to extend the time period for so doing.
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A time extension granted
to one party cannot be used by another party.
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Upon the filing of a
timely and sufficient Notice of Opposition, an inter parte Opposition
proceeding will be declared by the TTAB (the USPTO's Trademark Trial and
Appeal Board).
more -
Opposition topics directory
Cancellations.
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All issued
Registrations can be challenged after issuance.
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Warning -- most, but not
all, bases for challenging an issued Registration are lost if and when the
Registration attains the status of "incontestable" and that status can be
achieved after the fifth year anniversary of the registration.
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Upon the
filing of a sufficient Petition for Cancellation, an inter parte
Cancellation proceeding will be declared by the TTAB (the USPTO's Trademark
Trial and Appeal Board).
Oppositions and
Cancellations are no place for amateurs.
If you think you need one, or if one has found you,
consult an experienced IP Attorney.
other topics -
trademark myths,
naming and branding,
oppositions,
trademark searches,
trademark
registrations,
domain names, slogans
questions, inquiries
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contact the firm
(all contact modes)
or call 312.419.8055
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