Legal Question in Intellectual Property in Texas

Trademark Process

I just registered a trademark with the USPTO. It was published in early May for opposition. Over a month has passed since the opposition period ended, but I still have received no notification that the trademark is officially registered. Can people still file opposition to it?


Asked on 7/08/09, 4:38 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: Trademark Process

You are fine. If no one opposed the application within the opposition period, there will not be an opposition filed against it. It takes a while for the mark to register, but just wait a few months. If in doubt, you can call the trademark examiner and ask. They do take phone calls.

The other attorney is correct that the mark can still be challenged, but not by opposition.

Hope that helps.

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Answered on 7/10/09, 12:26 pm
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Trademark Process

Perhaps a good starting point here is to clear up your apparent misconception that once your TM is registered, it can no longer be challenged. This is not the case. Registration provides a benefit in that it gives you a legal presumption as far as having a valid TM, against which the challenging party must prove his/her case. It does not, however, bar suits against you that challenge your TM. Hope this helps.

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Answered on 7/09/09, 11:58 am


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