Trademarksinn.com:We are Trademark Opposition Filing Service in RMV 2nd Stage
Opposition is a legal proceeding instituted by third parties against the accepted trademark soon after its publication in the trademark journal, generally within 3 months from the date of publication. Opposition can be filed by a third party having genuine interests in the trademark or by a person who feels that registration of mark would cause irreparable damages to him or to the public at large.
If you applied for a trademark, even though the trademark examiner reviewed and approved it, the mark is Published for Opposition so others may oppose, and opposition is becoming increasingly common and easier than ever before.
An opposition or cancellation, a very serious matter, can occur years after use of the name or trademark (Mark) or application for the Mark, is a law suit, and can lead to accusations and claims of infringement and monetary damages.
In most cases, the prevailing party, i.e., the winning party, is eligible to recover costs from the losing party. There are other diplomatic ways to solve the dispute through arbitration. Co-existence agreement through which disputing parties solve their issues and allow each other to use the mark under some terms and conditions, is a popular strategy used in other countries.
If you have lost your case, and you feel it was unfair, you have an option to appeal against the decision before the High courts. So, it would now make sense as to why it is important to hire a trademark attorney.
We cater to both the services Filing Opposition against a Pending Application as well as Filing Response to an Opposition Proceeding. We have proficient and highly skilled attorneys who take care of opposition proceedings and have a vast experience in hearing proceedings before the Controller. We conduct Trademark Watch by searching registers across jurisdiction to find out whether any application is filed which amounts to damage our client.
This Trademark watch service is conducted by expert and skilled analytics team of trademark attorneys to cater the client in enforcing their rights by filing opposition, which helps in preventing grant of a Trademark application in pendency through an administrative proceeding before Trademark examiner. The basic principle lying under the opposition proceeding is that the party believes that a damage may be caused to him if the application of registration of the mark is allowed. Often the opposition proceedings is triggered when an application for trademark is published in the government journal of the trademark office and is in public domain. Once the trademark application which amounts to damage to our clients trademark is published then it initiates the opposition proceedings.