While the specifics may vary from country to country, most Trade mark offices will publish a journal (online or in paper form) outlining pending Trade mark application to give third parties an opportunity, over a set time period, in which to oppose the trade mark application, before the application matures to registration, and before all the rights that arise from registration are engaged.
In the UK, there is a two month period in which third parties may oppose registration of a trade mark application. This period may be extended to three months.
The most common reasons for someone wanting to oppose the registration of a trade mark are:
Generally, the opposer must have standing (a legitimate interest that would be threatened by registration of the mark) to oppose.
Opposition proceedings can result in one of three outcomes:
If a registered trade mark has not been used in respect of goods or services for which it is registered, either by the owner or by someone with the owner’s agreement, then it may be possible to revoke that trade mark, if :
The registration of a trade mark can also be revoked(or partly revoked)for reasons than non-use if either the trade mark has become ‘generic’ (meaning it has become the common name in the industry for goods or services for which it is registered), or the trade mark can also be revoked when its use is likely to mislead the public, as to the nature, quality or geographical origin of the goods or services on which it has been usedContact us here for more information on trade mark oppositions / revocation.