Opposition Processes For a Trademark
Once a trademark is examined by the TPI examiner, if there is not any grounds for refusal, the application is forwarded to publication.
In 3 months period of publication , the 3rd parties have a right to file opposition against the trademark application based on similarity / confusing
If such an opposition has been filed, he application is forwarded to Opposition Dvision Examiner together with the opposition.
Th examiner firstly asks the applicant to send a responce against the opposition with the evidence documents if any in a months time.
Then the examiner decides due to the evidences, opposition grounds .
If the application is refused / partially refused by the examiner, the applicant has a right to file an appeal against the decision. If the application is accepted and the opposition is rejected by the Examinet , then the opposed party has a right to file an appeal.
Then such an appeal is forwarded to Research and Examination Board of Appeal .
The decision which is given by the Borad of Appeal is the final decision before TPI .
Then the application, the decision should be examined by the Court.
Opposition term is nearly 5-6 months .
Appeal term is nearly 6-8 months .
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