OPPOSITION at the USPTO

[lordbyroniv]

I know per statute that - its 30 days after publication that an opposer should oppose a pending trademark registration

Anybody know what happens if a potential oppser actually files the opposition on day 31, or day 32, or day 40

Does the USPTO dismiss the opposition request (for not being timely) or allow it to proceed, viewing the 30 day rule as a mere technicality, that can be ignored

 

[Theo]

I think that you can actually contact USPTO with an intent to file an opposition (asking in effect for an extension) but unless you do that, the 30 days is the limit and the tm is granted to proceed with registration.

 

[lordbyroniv]

I think that you can actually contact USPTO with an intent to file an opposition (asking in effect for an extension) but unless you do that, the 30 days is the limit and the tm is granted to proceed with registration.

Acro,

you are absolutely correct, that a request for extension of time to oppose is proper procedure, but I was just curious if it was a necessary condition or whether on day 31 , a opposition request would still be allowed by USPTO

Lord

 

[Theo]

My common sense tells me, no.

But law is based on extra-terrestrial powers, such as the pull of the moon's gravity and the secret sermons of Jah-wahl, so I would never be sure without consulting a lawyer

 

[Deleted member 5660]

Not sure but I think you have to file a cancellation proceeding once that happens.

 

[lordbyroniv]

Thanks guys

 

[domaingenius]

You can also object to a TM after it has been granted as
well. This I know applies to European TM's but not sure about USA.

DG

 

[lordbyroniv]

Yes, cancellation proceedings same in US