In addition to infringement actions in the courts, several procedures are available to those who seek to contest a federal registration application or registered mark. One proceeding referred to as an “opposition” may be instituted by any member of the public who believes he or she will be damaged by the mark’s registration. Oppositions are filed within 30 days of the mark’s publication in the Trademark Official Gazette. A procedure referred to as a “cancellation” is also available to those who seek to cancel a registered mark based on the belief that the owner is not entitled to registration.
To find out more please access our IP Primer page.