Trade-mark Opposition features
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What is trademark opposition ?
How does trademark opposition happen? A competitor may apply to register a trademark that is similar to a registered trademark. On occasions the application for trademark registration passes through the examination period, and is then published for advertisement that it will progress to trademark registration. Copying a trademark or brand is easier to prove when the trademark is registered. The main reason the proposed trademark registratio is advertised is to allow competitors an opportunity to oppose or object to the trademark registration. The Trade Marks Act, 1996 allows a period of 3 months for filing a trademark opposition. Usually, speed is of the essence, and when a party first becomes aware that it intends to oppose trademark registration, it should quickly notify the other party as soon as possible that it intends to file a notice of opposition.
Registered trademarks are governed by Trade Marks Law
Registered trade marks in Ireland hold a strong position on account of the nature of trademark registration. Registered trade marks hold title, that the courts tend to uphold. However, in cases of trademark opposition, the outcome can depend on the trademark classifications involved, the similarity of the goods and services, and the characteristics of the trademarks involved. Some of the issues in trademark opposition cases include: -
• how closely do the trade marks resemble each other?
• whose trade mark is registered, and therefore, protected?
• how similar are the goods and services being traded?
• is there a likelihood of confusion between the trademarks?
• how strong the grounds are for trademark opposition.
Trademark opposition is a legal process
Initiating procedures to oppose registration of a trade-mark is like starting a formal legal process. The procedures are governed by the Trade Marks Act, 1996 in Ireland and by other EU trademarks legislation. Examples of situations where opposition of trade mark registration may be difficult to sustain include trademarks that may be questionable as to certain characteristics, for example: -
• is the registered trade-mark eligible for trademark registration?
• how distinctive is the registered trademark?
• are there any limitations imposed in the registration?
• are there any earlier rights involved?.
• Is the registered trademark capable of being revoked or invalidated?
• There may be no grounds trademark opposition if the holder of a registered trademark has not used the trade mark during a certain period.
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Trademark Opposition Proceedings Ireland
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Trademark Opposition Requires Advice
Once a trade mark opposition has been filed, the application for registration is put through an additional process that may or may not prevent the registration from occuring.
So it may be very worthwhile looking at using trademark opposition or trademark monitoring as a suitable additional tool for protection. Opposing the registration of a trade mark can involve a wide range of matters, some of which are embodied into the following:
• what are the grounds of the trade mark registration opposition?
• what claims are included in the opposition case?
• what rights are currently held?
• how strong is the case for opposition?
• how strong is the case for defending the opposition to trademark registration?
In certain cases, it is useful to obtain advice when dealing with opposition proceedings, or when faced with a claim of trademark infringement. We can provide you with an opinion concerning such trademark opposition or infringement matters, before you decide on which course of action is most suitable to your case.
Visit our Da Vinci code page to see whether copyright or trademark registration is stronger. To see more about registering trademarks for films, television programmes or cartoon characters, go to the character merchandising page.
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| BATTLE®'s Trademark registration services in Ireland. |
To see the advantages of trademark registration in Ireland, please visit the registered trade mark advantages page. To see other information about trademark registration services, or how to register a trade mark, please visit the SITE MAP page.
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