Stop Someone from Getting a Trademark that is Too Close to Yours
Challenging or objecting to trade marks registrations
A business owner may wish to oppose to a trademark registration if they believe that their business could be at risk. For example, if the proposed trademark is too close in resemblance to theirs and products could be confused. An objection to an application can be made before registration is granted and there are two ways that you can object to a mark:
- Third party observations (non-legal action)
- Opposing a trade mark (legal action)
There are two main grounds for opposing a trade mark application:
- absolute grounds- relating to defects in the trademark itself
- relative grounds- relating to conflicts with earlier trade mark rights owned by the opponent
Anyone can oppose an application on absolute grounds but only the owner of an earlier trade mark which provides earlier rights may oppose on relative grounds.
Witten Law, Ltd. can help you make sense of a complicated Opposition Procedure
If you would prefer to undertake the complicated procedure yourself, here are some useful links:
- EUIPO Oposition Procedure (very helpful)
- UKIPO Opposition Procedure (bare bones at points 9 & 10)
- USPTO Opposition Procedure TBMP Sec. 300, et. seq. (fairly technical, but detailed)
To speak to one of our expert trade mark team and find out more about how Witten Law, Ltd. can help you, call us today on UK +44(0)203-287-9500; US +1(949)485-5055. Alternatively, don't hesitate to use the Free Inquiry Form to the right or click here, or email us at info@wittenltd.com to make an online enquiry.
Witten, Ltd, Law. can Defend Against a Difficult Opposition to Your Trademark Application
If you have been alerted to an objection against you or if you wish to raise an objection to a trademark registration or registered trademark, the process can be complicated and costly if you do not seek professional advice before taking the appropriate action.
How Our Trade Mark Experts can help
WLL's trade mark attorneys & solicitors specialise in protecting Trademark rights of UK and International brand owners in the UK, USA and the EU. We can work with you to reduce the risk of an opposition being filed against an application and additionally have the expertise in defending objections.
Our trademark team can also protect clients from third parties acquiring registered trade mark rights which are in conflict with our client’s trade mark rights. We can advise on tailored cost effective solutions to enforce or defend rights including litigation or dispute resolution.
We have years of experience litigating patents, copyrights, trademarks, trade dress and trade secrets, as well as filing and prosecuting trademarks and copyrights in the UK, USA and the EU.
WLL also has experience formulating IP Protection Programs for businesses to protect their names and products incompliance with FAR and DFARS standards such as NIST SP800-53. Our experienced network of IP agents around the world can help you file and monitor your IP and trade marks wherever your business takes you.
Why Choose Witten Law, Ltd?
WLL has extensive experience in Trademark, corporate litigation and commercial transaction legal services, from planning, development, prevention and execution through litigation.
We can provide solicitor and attorney civil legal services in the EU and the UK from our offices in London and Berkshire, and in the US from the Los Angeles area in Southern California, including a network of law firms in California and Washington D.C. WLL also has extensive experience in China and Taiwan and a reliable network of law firms there to assist you in these jurisdictions.
WLL has continuously demonstrated the intellectual ability along with the compassion and personal attention to understand your needs, and how to help our clients succeed and resolve their legal issues.
We understand that legal fees can cause concern and we are committed to providing transparent, accessible legal advice from attorneys and solicitors who care about getting the results you want in the most cost-effective manner.
Talk to Us
For more information about how our trade mark team can help you protect your business, get in contact today. You can call us on UK +44(0)203-287-9500; US +1(949)485-5055 or allow us to get in touch with you by making an online enquiry at info@wittenltd.com