Understanding the trademark application process can be confusing due to all the steps. Thankfully, we discussed the process in Trademark Registration Process Explained. To circle back, the process includes 5-6 steps. With one of those steps being the publication and opposition period.
The Publication Period
What exactly is the publication period? To put it briefly, the publication period is when your trademark is up for potential opposition. After the Examining Attorney reviews your trademark application, they will approve it for publication in the Trademark Official Gazette. The trademark will then be published for a period of 30 days. This provides the general public with an opportunity to oppose the trademark. Now, the general public can’t oppose just to oppose. They’re only able to oppose the mark if they feel it steps on their trademark in some way.
An opposition proceeding is part of the TTAB, or Trademark Trial and Appeal Board. Kind of like a lighter version of what you’d normally think of as a “trial.” The parties exchange information during discovery, sometimes there will be depositions, they may file briefs and motions. But unlike a normal “trial,” there’s no actual judge or jury, and the parties usually appear via phone rather than showing up to an actual courtroom.
Check out this episode of All Up In Yo’ Business to hear my conversation about trademark cancellations and oppositions with fellow trademark attorney Tamara Pester.
Looking to learn more about intellectual property, trademarks, and the trademark application process? Check out Tamara’s new course called Learn Trademarks! With Learn Trademarks, you’ll get an understanding of intellectual property, save time and money by learning what can and cannot be registered, and get a step-by-step training on the trademark application process. Sign up now!*
Either way, you don’t want to miss this special edition of All Up in Yo Business with trademark attorney, Tamara Pester! Tune in to see us break down trademark oppositions and cancelations during the application process. And be sure to subscribe to our YouTube channel for more All Up In Yo’ Business!
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