Comparative Guides
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Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
United States
Yes.

For more information about this answer please contact: John Crittenden from Cooley LLP
5.2
Who has standing to oppose a trademark application?
 
United States
Under Section 13 of the Lanham Act (15 USC §1063), any party that believes it would be damaged by registration of a mark has standing to oppose a trademark application.

For more information about this answer please contact: John Crittenden from Cooley LLP
5.3
What is the timeframe for opposing a trademark application?
 
United States
Within 30 days of publication, although this can be extended by another 30 days upon request or by 90 days with good cause shown; a longer extension may be possible with the consent of the applicant, but in no case may this exceed more than 180 days from publication (Trademark Manual of Examining Procedure §1503.04 and 37 Code of Federal Regulations §2.102).
For more information about this answer please contact: John Crittenden from Cooley LLP
5.4
Which body hears oppositions?
 
United States
The Trademark Trial and Appeal Board (TTAB).

For more information about this answer please contact: John Crittenden from Cooley LLP
5.5
What is the process by which an opposition proceeds?
 
United States
An opposition generally follows the same procedure as a lawsuit in a US federal court, except that instead of presenting evidence to the trier of fact in the form of exhibits and testimony adduced at trial, the parties submit their exhibits and testimony (in transcript form) in a written record, in advance of an oral hearing before the judges of the TTAB. The complete procedure is detailed in the Trademark Trial and Appeal Board Manual of Procedure (TBMP), which can be found at http://tbmp.uspto.gov.

For more information about this answer please contact: John Crittenden from Cooley LLP
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
United States
A party which is dissatisfied with a decision of the TTAB may appeal it to the US Court of Appeals for the Federal Circuit, or may bring a civil action in a US district court for an adjudication of whether a registration should be issued or cancelled (TBMP §901.01).

For more information about this answer please contact: John Crittenden from Cooley LLP
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