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A trademark application does not always lead straight to registration. The office examines absolute grounds for refusal on its own motion, and once the application is published in the bulletin third parties may oppose it within the prescribed period. This category deals with what happens when the process goes against you: why an application is refused, within what time and how a decision can be appealed, and how to answer an opposition filed against your mark.
How likelihood of confusion is assessed, whether an earlier similar mark always blocks an application, when a letter of consent from the earlier right holder solves the problem, and how a court action against a decision of the Re-examination and Evaluation Board proceeds are all covered here. Opposition and appeal periods are strict deadlines, so the articles pay particular attention to the timing and to which document has to be filed at which stage.
Applications are refused through two different channels: the Office's own examination and third-party opposition. We explain which ground comes through which channel, and what can...
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