The opposition procedure can only be started by a party who is the owner or licensee of an earlier trademark. An opposition can be filed against a trademark filed in the EU Intellectual Property Office, or against an international application designating the EU.
Trademarks Office in the EU and the UK will not refuse your trademark if there is a prior filed or previously registered similar trademark. Instead the Trademarks Office in the EU and the UK only looks at absolute grounds (i.e. if the mark is deception or descriptive, it may be refused). However, if there is [...]
In the European Union, cooling off period is set by the Trademarks Office once the opposition has been received and assuming it is admissible. The purpose of the cooling off period is to allow parties to negotiation a settlement agreement. An initial cooling off period is 2 months, but can be requested to a maximum [...]
Trademark applications can be filed in any EU official language. A second language, different from the first language, can be chosen from the following: English, French, Spanish, German or Italian.
In the EU, no use is required in order to file an application. Just like in the UK, you don’t need to specify any dates of first use or to indicate if the mark is in use. No use is required to obtain a trademark registration. To maintain your trademark, it must be put to [...]
It’s perfectly legal for you to use your trademark without registration. However, if you are using a trademark that is similar to another name that was adopted before you adopted your trademark, you may be liable for trademark infringement. To minimize the risk of choosing a trademark that's similar to another name, you should do [...]
In different countries trademark opposition process is different. In the US, trademark opposition period is only 30 days, so you have to be pretty fast if you plan to oppose. In Canada, one has to file a trademark opposition within a 2-month period. In the UK, an opposition period is 2 months but can be [...]
If you are filing a logo in the European Union, filing in black and white will not allow you to use your logo in any color, unlike the US and Canada. Marks that are registered in black and white but used in color may be vulnerable to cancellation if the owner of the trademark does [...]
It takes a minimum of 8 months to register trademark in the US. If there are office actions (objections from the Trademarks Office), then registration will be delayed. It's not uncommon for a registration to take a year or longer. It takes 20 months to register a trademark in Canada. It's painfully slo-o-ow. Don't ask [...]
Trademarks can last forever if they are renewed on time. Keep in mind you will have to continue using your trademark to keep it in good standing. In the US, you must renew your trademark every 10 years. The 10 year term is counted from the registration date. In addition, between the 5th and 6th [...]
Anita Mar
CEO and Registered Trademark Agent at TRADEMARK ANGEL ®
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