Appeal, Opposition, and Cancellation / Invalidation
Registrar rejections are appealed directly to the Trademark or Patent Board Committee or Trademark or Patent Trial and Appeal Board (collectively referred to as the “Board”), where our attorneys represented our clients and argued hundreds of cases.
As case law develops, we are constantly monitoring the decisions of the Board, and we use those insights to develop case strategies for our clients.
To maintain a strong brand, it is crucial to avoid market confusion. Opposition or Cancellation / Invalidation procedures offer third parties an opportunity to contest the registration of a trademark or patent. We carefully review Official Publication Notices of the Intellectual Property Office for applications that might infringe upon our client’s rights. Especially in jurisdictions like the United Kingdom (UK) and the European Union (EU), where the Trademark Office does not conduct an examination on relative (similarity) grounds when a new trademark application is submitted. It is then up to the owners of existing trademarks to keep an eye on new applications and file oppositions within a limited timeframe against registrations that they believe could infringe upon their rights.
We handle each appeal, opposition, and cancellation as a unique matter. We examine the claims, defenses, relevant evidence, substantive issues of law, and facts involved in the case. Based on this, we develop a plan aligning our strategy with the client’s budget and ultimate objectives to best achieve the client’s goals, often leading to favorable settlements. Our attorneys are particularly well-suited to analyze the likelihood of success for each possible issue. If settlement is not possible, we know the rules and nuances of trying these cases and have a track record of wins.
We have a wealth of experience in appeal, opposition, and cancellation actions and are well-prepared to guide you through the rules and proceedings. Please feel free to contact us at kemberst@kemberts.com. We can help determine the best course for you in any country, whether it is through appeal, opposition, invalidation, or cancellation.
