Finding Out Who Opposed a Trademark

by
How do you find out who opposed a trademark?
The term “”opposed”” means that a third party, has found the mark objectionable primarily in light of Section 9 or 11 or both (and any other provisions of the Trademarks Act), intimates the same in writing to the Trademark Office and requests for its refusal.
Read more on selvams.com

Businesses must have trademarks in order to safeguard their brand identification and stop unauthorized use of their intellectual property. However, a trademark application may occasionally face opposition from a third party, which may result in a legal conflict. To tackle the problem in such situations, it is crucial to identify the trademark opponent. Here are some actions to take:

1. Examine the Trademark Application

To find out if there has been any objection to the trademark application, the first step is to check. A searchable database of trademark applications is available from the USPTO (United States Patent and Trademark Office). You may look up the trademark in question and see how the application is progressing. The application status will indicate if there is opposition.

2. Look it up on the Trademark Trial and Appeal Board

The Trademark Trial and Appeal Board (TTAB) will handle the opposition if it has advanced to the next phase. You can look up the trademark in question in the TTAB database and see how the opposition is doing. The name of the party opposing the trademark may be included in the list of papers filed in the case by the TTAB.

3. Speak with the Opposing Party If the opposing party’s name is not found in the TTAB or trademark application database, you can try contacting the USPTO to find out more. If you have the contact information for the opposing side, you may also try reaching out to them personally. But it’s vital to remember that they could not want to reveal who they are or might need a court order.

Purchasing a Trademark That Has Expired A trademark that has run out of protection may now be used by anyone. An expired trademark can still be purchased, though, if the former owner is prepared to part with it. To help with the sale, you might attempt getting in touch with the prior owner personally or working with a trademark broker. The classifications of trademarks Based on the kinds of goods or services they stand for, trademarks are divided into many classifications. Class 30 deals with food products, while Class 38 deals with telecom services. Services in the scientific and technological fields, including engineering, computer programming, and research and development, fall under class 42.

In conclusion, it is necessary to search the trademark application and TTAB database to determine who objected a trademark. You can try contacting the USPTO or the opposing party directly if the opposing party is not listed. Contacting the prior owner or working with a broker are required when purchasing an expiring trademark. The sort of goods or services that a trademark represents determines which categories or groups it belongs to.