Trade Marks

What if someone challenges my trade mark?

Most trade mark registration systems provide a period in which interested third parties may oppose grant of a trade mark registration, either before or shortly after grant of a registration.

There are a number of reasons why a trade mark application may be opposed:

  1. the trade mark is descriptive of the goods and/or services for which it is to be registered; or
  2. the trade mark is generic for those goods/services; or
  3. the trade mark is otherwise non-distinctive and should therefore be free for everyone in that line of trade to use; or
  4. there is an earlier trade mark or earlier right (which does not have to be registered) owned by someone else which your trade mark would conflict, if it were used.

Many oppositions are settled by agreement between the applicant and opponent. Otherwise, the relevant trade mark office will decide the matter, and in some territories the losing party is asked to pay costs to the successful party.

Wilson Gunn can advise on all aspects of intellectual property protection. PleaseĀ get in touch to speak to a member of our team about trade mark protection.