Can I Challenge A Trademark?

What if someone opposes your trademark?

Generally, the TTAB will issue a favorable ruling for the opposing side.

In some cases, you may be able to file a motion to lift the default judgment and continue on with the trial.

If a default judgment is issued against you, the judgment is binding against any future applications you try to file for the same mark..

Can we use objected trademark?

When the trade mark application is objected, it is stipulated that a response should be filed within one month from the date of receipt of Examination Report. … Otherwise, the trade mark application will be abandoned by the Trade Mark Registry due to lack of prosecution.

What is trademark objection?

Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability.

What are the rules for avoiding pitfalls in selecting trademarks?

When you get ready to get your trademark, make sure you look out for these toxic trademark pitfalls:Avoid generic words. … Don’t ignore trademark ownership. … Don’t overlook office actions. … Watch your language. … Be thorough. … Don’t overestimate your trademark. … Always protect your trademark.More items…•

Can a trademark be revoked?

A trademark can be revoked if the trademark owner has not put their mark to genuine use in the past five years in connection with the goods or services it was registered for. This means the trademark will be removed from the Trademark Register. … The trademark can be revoked either entirely or in part.

What Cannot be protected by trademark?

Names, Titles, Short Phrases, or Expressions No dice on a trademark. The good news is that while not protected by copyright, if it pertains to your business (for example, goods and services), it can be protected with a trademark.

Can you use TM without registering trademark?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Should I trademark a phrase?

When Can You Trademark a Phrase? Phrases are subject to certain trademark rules. First, you must use the phrase in commerce, or intend to use it in commerce. That means that you must use it to sell some sort of goods or services.

What can’t you trademark?

What Can’t Be Trademarked?Proper names or surnames.Generic terms or phrases.Government symbols or insignia.Vulgar or disparaging words or phrases.The likeness of a U.S. President, former or current.Immoral, deceptive, or scandalous words or symbols.Sounds or short motifs that are covered by copyright instead.More items…

Can a sound be a trademark?

The short answer is yes, but that wasn’t always the case. Using sound as a unique identifier for a brand hasn’t been a marketing tool for very long. The first successful application for a sound mark was registered in 1978 and was filed by NBC, one of the country’s largest media conglomerates.

Can Trademarks be challenged by third parties?

This is the process by which trademark owners and other third parties can challenge trademark applications where there is a perceived conflict with their business and earlier rights.

How do you respond to a trademark objection?

4. How to respond to an objection?The first thing one must do is file a counter statement to the objection.This must be done within 2 months from the date of receipt of the notice of objection.Failure to file an objection within 2 months will change the status of the application to Abandoned.

What Cannot be trademarked UK?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.

How do you oppose a trademark after a publication?

In order to file an opposition, you must file a notice of opposition with the USPTO. In this notice, you must plead the grounds of your opposition and explain why the application should not register. Once your notice of opposition is filed, the applicant has thirty days to respond with an answer.

What is mean by trade mark?

The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand.

Can you revive a dead trademark?

If your own trademark has fallen into ‘dead’ or ‘abandoned’ status, you may be able to file a petition to revive it. … If filing the petition is not possible, you will need to register with the USPTO again.

How do you keep a trademark alive?

Trademark Help – Maintaining a Trademark – Basics After a registration issues, to keep the registration “alive” or valid, the registration owner must file specific documents and pay fees at regular intervals. Failure to file these documents will result in the cancellation of your registration.

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.

How long is a US trademark good for?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.