Trade Mark Oppositions & Non Use Proceedings

Oppositions

The trade mark registration process incorporates an unavoidable opposition phase. If conflicts are encountered during the registration process you will be in good hands as we have proven expertise and a high success rate in handling trade mark oppositions in order to achieve successful registration of your trade mark.

When a trade mark application is opposed the IP Solved attorney who is prosecuting the application will also be directly responsible for managing the opposition and where required instructing outside counsel.

Non Use Proceedings

An essential requirement of trademarks is use. They must be continuously used or intended to be used in trade otherwise they are at risk of being removed from the Trade Marks Register as a result of a trademark non use proceeding.

Businesses may register trademarks with the intent to use them but ultimately never use them or use them for a limited time only. Non-use proceedings are used to remove Trade Marks that have not been used by the registered owner require periodic proof of use for three (3) years

In certain countries (notably the United States) compulsory user requirements are in place and in order to maintain right of usage periodic proof of use needs to be complied with.