Oppositions
Once your application has been accepted by the Registry, it will be published for opposition purposes. This enables a third party, perhaps your main competitor, who have been watching their rights, to object to your application. We are able to advise on the defences we can bring into play and the likelihood of success. We have extensive experiences in fighting oppositions in all jurisdictions. Conversely, it may be that you need to object to an application that has been published. Again we file offensive oppositions, again liasing with you on the arguments we can bring to bear and the likelihood of potential success. With oppositions, whether defensive or offensive we: Advise on the actions available to you. - Prepare a formal opposition document. - File arguments and supporting documentation in the form of witness statements and - Affidavits. - Prosecute the opposition in a timely fashion. - Cancellation / Revocation Even when a trade mark or design has proceeded to registration it may be vulnerable to cancellation for a number of reasons. A Design that turns out not to be novel or new at the time applied for could be cancelled. A trade mark may be vulnerable to cancellation on the basis that it should never have been registered in the first place because other prior rights existed (whether registered or unregistered). A trade mark that is not used for a number of years following registration may become vulnerable to cancellation on the basis of non-use. The usual time period is 5 years, but may vary from country to country. We can advise: - On the likelihood of success of a cancellation or revocation actions against a trade mark or design. - Instruct investigators or other search agencies to find out more about the validity or use of a design or trade mark. - Prepare a cancellation or revocation action on your behalf. - File arguments and supporting documentation in the form of witness statements and Affidavits. - Prosecute the action through to a decision.
