How long are trademarks published for opposition
During this time, companies and the public can object to the trademark's registration. The opposition period is initially 30 days, always published on a Tuesday in the Trademark Official Gazette TMOG , and ending on a Thursday, however, it's possible to extend the period for up to 90 days if the cause is stated. The application will remain there for a minimum of three to four months before being published for opposition.
You will then have six months in which to file the Statement of Use or a Request for an Extension of Time to file the Statement of Use. One thing to note is that only trademarks approved for registration on the Principal Register as opposed to the Supplemental Register are published for opposition.
This means that your only opportunity to challenge a trademark approved for registration on the Supplemental Register is to wait until the trademark registration actually issues and then file a trademark cancellation with the Trademark Trial and Appeal Board TTAB.
I can be reached by phone at , through email at morris yourtrademarkattorney. A third party may also file an extension of time to oppose if more time is required to investigate the possibility of an opposition.
If no oppositions or extensions of time are filed, then a use-based application will proceed to registration.
Keep in mind that third parties who fail to oppose your application may still file a cancellation after your trademark is registered. If an application was based on an intent-to-use ITU , a Notice of Allowance will be issued which then provides the applicant with a 6-month deadline for filing a Statement of Use. If the applicant has not yet used the trademark in connection with the goods or services identified in the ITU application by the 6-month deadline, an applicant may request further 6-month extensions of time for submitting use of the trademark for a maximum total of three years from the Notice of Allowance date.
What is a trademark Notice of Publication? Recover your password. Forgot your password? Get help. Follow us on. Home Faq Opposition pr Faq Trademark. Share on LinkedIn Share. Share on Facebook Share. Share on Twitter Tweet. Share on Google Plus Share. What is the next step once the trademark has been advertised in the Trademarks Journal? Who can oppose a Trademark Application in India? A Moment to Remember: Personality rights, Moment m Corporate Law.
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