Protecting your company’s reputation and identity requires trademark registration. A trademark application might, however, occasionally face opposition from a third party. If this occurs, the US Patent and Trademark Office (USPTO) will send you a notice of opposition informing you that someone has objected to your trademark. You must submit a counter statement to protect your trademark in such a case. This article will go over the process of filing a counter statement in a trademark application and address some associated queries. What if my trademark is challenged?
You will get a notice of opposition from the USPTO if your trademark application is opposed. The grounds for opposing your trademark will be listed in the notice. It usually includes the arguments, assertions, and supporting data put out by the opposition. You must respond to this notice within 30 days and should take it seriously. Your trademark application can be abandoned and you’ll lose the chance to have it registered if you don’t answer within the allotted time frame. How Can You Discover Who Objected to a Trademark?
The name and address of the opposing party will be included in the notice of opposition that the USPTO sends. You can also check the progress of your trademark application and view any opposition filed against it by logging into the Trademark Electronic Search System (TESS), an online database maintained by the USPTO. To help you identify the opposing party and comprehend their legal arguments, you can also obtain legal advice.
How Can I Purchase a Trademark That Has Expired? A trademark’s expiration indicates that the owner did not renew it. A new application submitted to the USPTO will allow you to purchase an expiring trademark. To make sure the trademark is not already being used by another party, a trademark search should be done before submitting a new application. If so, you could be sued for trademark infringement.
A dead trademark is one that the USPTO has canceled or abandoned. You must submit a fresh trademark application to the USPTO in order to acquire a defunct trademark. To make sure the trademark isn’t already being used by another party, you need first perform a search. You could be sued for trademark infringement if the mark is being used.
To defend your trademark against opposition, filing a counter statement in a trademark is a crucial step. After receiving the notice of opposition, you have 30 days to respond in order to preserve your trademark registration rights. You can also check the progress of your trademark application and read any opposition filed against it using the USPTO’s online database. To prevent legal problems, run a trademark search before purchasing an expired or dead trademark.