Overview of Trademark Opposition

Overview of Trademark Opposition

Trademark Opposition (Trademark Objection) is a legal proceeding, available in most jurisdictions, in which a party seeks to prevent a pending application for a mark from being granted registration. Although the specific grounds for bringing an opposition vary by jurisdiction, typically, a party that believes it will be damaged by the resulting registration may oppose an application for that mark. Often, the trademark opposition procedure is triggered by official publication of an application in its pre-grant stage in a government journal, gazette or bulletin.

TRADEMARK opposition

Trademark opposition rules establish an opposition period, usually ranging from one to three months after publication, in which a party’s trademark opposition must be formally entered. In a minority of jurisdictions, the trademark opposition period occurs after the issuance of a registration; this is also known as post-grant opposition. In some jurisdictions, however, no opposition is available, and cancellation after registration is an opponent’s only option.

 

A formal decision to uphold or dismiss the opposition, thereby refusing or granting the registration, usually is issued in writing. Settlement agreements, involving amendment of the goods or services of the opposed application, withdrawal of the trademark opposition and restrictions on use of the mark, are commonplace; in such cases there is no decision on the trademark opposition. Typically, the losing party in a trademark opposition proceeding can appeal an adverse decision to a higher authority within the trademark office or registry or to a court.

 

Absolute Grounds and Relative Grounds In An opposition

An opponent (the plaintiff) can raise either absolute or relative grounds in a trademark opposition proceeding. Under absolute grounds, the opponent can claim one or more of the grounds listed below. Alternatively, under relative grounds, the opponent makes a claim of prior rights in the trademark, examples of which are listed below.

 

The most frequently raised grounds for opposition are as follows:

a) Absolute Grounds

-Descriptiveness; Geographically deceptive misdescriptives

– Genericness; Functionality

-Bad faith; Fraud

 

b) Relative Grounds

– Priority; Likelihood of confusion

– Bad faith

– Business name/domain name/trade name use

– Well-known/famous mark

Most jurisdictions provide similar grounds for trademark opposition; however, there are some important exceptions.

 

Defenses to an opposition

Priority of use and no likelihood of confusion are common defenses to a trademark opposition based on likelihood of confusion. Defenses to a trademark opposition based on another ground depend on the evidence submitted by the parties and the law of the applicable tribunal. Equitable defenses, such as laches, estoppel and acquiescence, may be available in some jurisdictions. In the United States, such defenses are available, but they may have limited value because the Trademark Office has jurisdiction only over the registrability of marks, not over their actual use.

 

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Brand Designing

Brand Designing

A brand is a unique design, sign, symbol, words, or a combination of all these, employed in creating an image that identifies a product or service. A brand is important as it distinguishes your product or services from that of your competitors.

 

Construction site crane building a blue 3D text. Part of a series.

Construction site crane building a blue 3D text. Part of a series.

Branding is the process of creating and disseminating the brand name. Branding can be applied to the entire corporate identity as well as to individual product and service names. Branding is vital to a company as it refers to the perceived image and subsequent emotional response to a company, its products and services. Company should place great emphasis on branding as it affects the level of credibility, quality, and satisfaction in the consumer's mind.

 

What to consider before designing a Brand?

1. How will the brand be perceived against competitors in the market?

2. What is the positioning statement of your brand?

3. What is the selling point of your product?

4. Who is your targeted audience? Are they digitally savvy?

5. What is the long term vision of the brand?

6. What is the impression of the brand that you want to create to the public?

7. Other brand image concerns: market awareness, emotional associations, value to the consumer, brand perception vs. consumer behaviour, changes desired in the brand-consumer relationship over time.

 

Brand designing should take into account how, what, where, when and to whom you plan on communicating and delivering your brand messages. Advertisement location should also be planned ahead.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline603-21418908;
24 hours Hong Kong hotline852-27837818;
24 hours Hong Kong hotline86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.nethttp://en.tannet.com.my

Hong Kong Trademark Registration

Hong Kong Trademark Registration

Hong Kong is a creative place. Hong Kong is an international business center plus its good infrastructure and sound legal system, entrepreneurs and businessmen to provide a unique business environment.

Hong Kong Trademarks: The Importance of Trademark for a company?

Hong Kong is the world’s most free ports of trade and commerce, registered trademarks to protect the safety of re-exports of all goods. A successful trademark can improve the trademark holder’s reputation.  This will not only bring huge profits, but also for trademark holders to promote their business. Enterprises are encouraged to register trademark to avoid any copied from other company to protect your own brand name. For those who already invest their product into Hong Kong market also need to register trademark for safety purpose.

       In order to protect these intellectual property rights, trademark holders to register for their own trademarks. Trademark registration is valid for 10 years, 6 months before the expiry of time for renewal can be. Application for trademark registration in Hong Kong time global minimum of 6 months or so, the most important thing is to increase the accumulation of intangible assets.

 

Why Hong Kong Trademark Registration:

– If you did not protect your brand in Hong Kong, your competitor will.

-Increase the accumulation of intangible assets for your products and brand in Hong Kong.

-Protected your brand name by Hong Kong Trademark law.

-Avoid any copied from your competitors and give you exclusive right to use the trademark to represent your company brand name and increase trustworthy.

 

What is the benefit of Registered Trademark in Hong Kong?

-To help the company market competition and advertising is the company’s credibility and quality of the symbol.

-Avoid their first use of a trademark registered by others and for others to do the copied of the brand.

– Create a strong brand foundation to the business owner.

-Short period to register the Hong Kong Trademark- min 6 months, to get your brand protected in short time.

 Other Benefit of Trademark

Tips: Register a trademark is a strict discipline matters, choose a professional service for qualified organizations, so that your companies have in the development process to ensure a reliable legal rights!

 

TANNET Group with more than 13 years of experiences and 10 branches in CHINA helps you to protect your brands. We will keep updating you with the latest services and global news in future as well. We are looking forward to serve you globally in a better way.

Contact Us
If you have further queries, please contact Tannet Group.

24 hours Malyasia hotline:603-21418908;
24 hours Hong Kong hotline:852-27837818;
24 hours China hotline:86-755- 36990589;
Email: mytannet@gmail.com
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