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Trademark Opposition is a legal challenge raised against a trademark application that has been published in the Trademark Journal but is not yet registered. Any third party can oppose a trademark within 4 months from the publication date if they believe that the mark:
After applying for a trademark, it is examined and published in the Trademark Journal. Any party can oppose the application within 4 months of publication.
If an opposition is filed, it must be supported with legal grounds and evidence. The opposition notice is served to the applicant.
The applicant must file a Counter-Statement within 2 months from receiving the opposition notice. Failure to respond results in abandonment of the application.
Both parties submit evidence and legal arguments to support their case. A Trademark Hearing is scheduled before the Registrar.
The Registrar evaluates the case and issues a verdict. If the opposition is successful, the application is rejected. If unsuccessful, the trademark proceeds to registration.
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