Trademark opposition is a legal process that allows anyone (another person or company) to oppose the registration of a trademark application during the opposition period. Anyone who believes the published application might affect their rights then will have an opportunity to oppose it.
Both the opposition period and process are various from country to country. There may be various reasons to raise an opposition, such as lack of distinctiveness, likelihood of confusion, bad faith and etc.
Trademark cancellation is the legal process of removing a registered trademark from the register. Trademark cancellation is a legal argument. Its purpose is to allow a party to petition for removal of a trademark from the register.
A registered trademark can exist potentially forever- assuming that your trademark mark is kept in proper order. And, if you do not safeguard your registered trademark, then your mark can become abandoned. Furthermore, a registered trademark is subject to cancellation by third parties under certain conditions.
The three common reasons for a trademark cancellation include (1) non-use by the registrant, (2) the mark becoming generic, and/or (3) fraud.
Although a trademark can indeed exist forever, these trademark rights are subject to continued use in commerce. Substantial non-use in commerce provides the opportunity for third parties to file a cancellation before the Office. Considering this risk, it is important to continue to use your registered trademark in commerce.
A second ground that can be used to cancel a trademark is that the mark has become generic. This means that your mark has become so associated with the underlying good or service that it is used interchangeably with your mark. Once a registered trademark becomes generic, it is no longer subject to trademark protection- and is thus subject to cancellation. Owners of trademarks, including registered trademarks, should take steps to protect their marks to ensure they do not become generic.
Fraud in obtaining the registration can also lead to the cancellation of a trademark at any time. Some registered trademarks, after they have become “incontestable,” are more difficult to cancel. Fraud is one allegation that can be brought at any time; however the standards for proving fraud can be at times difficult.
Invalidation is the legal procedure which allows anyone to try and remove a trade mark from the register as if it had never been registered.
In the event of infringement of a trademark, Trademark Invalidation is one of the strategies which are adopted by the trademark owner and by the infringer. The aim of the trademark owner is obviously to stop the infringer from using his/her trademark.
Trademark investigation refers to the information of trademark use, including the places, time, and specific goods/service of use. The investigation aims to discover the possible infringements in advance in order to proceed legal actions in time against the infringers.
The investigation is usually carried out in the hot markets and the places where infringements happen a lot, as well as the online shops and e-commerce platforms.
The ways of selecting the evidences are various by:
- buying the counterfeits
- on-site investigation
- online searching
Legalization/notarization is usually required on the selected evidences to ensure the authenticity.
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
Infringement may occur when one party, the “infringer”, uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark.
In many countries (but not in countries like the United States, which recognizes common law trademark rights), a trademark which is not registered cannot be “infringed” as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may also be actionable.
Unfair competition is kind of action as dishonest or fraudulent rivalry in trade and commerce, specifically, the practice of endeavoring to pass off one’s own goods or products in the market for those of another by means of imitating or counterfeiting the name, brand, size, shape, or other distinctive characteristics of the article or its packaging.
Unfair competition covers a wide range of unlawful, unfair, deceptive or fraudulent acts. Included within the scope of unfair competition is trademark and trade dress infringement, false advertising, trade libel, misappropriation of trade secrets and infringement of the right of publicity.
A party is allowed to take legal procedures to revoke the pending/registered trademark if it considers own trademark right is infringed by other party with bad faith so as to safeguard legal rights. Alternatively, prosecution before the court is also available.
The applicant should select related evidences to prove the infringement fact.
Trademarks/brands play an increasingly important role in the world economy. Before starting up a new brand, to properly advise our clients, we often help to learn whether the brand/trademark is available for use and registration without infringing any third party rights by carrying out a very comprehensive national and international search before the database of the trademark, copy right and domain registrar, the online and offline markets and etc.
Such strategy can be also considered as part of a company’s corporate strategy. To understand the objective of trademark strategy then, it is helpful to first discuss the objective of corporate strategy.
It often happens that well-known/well-designed/well-developed trademarks are imitated/copied by other parties, which cause bad reputation to the trademark owners.
The trademark watch service refers to regularly watch the trademarks that are updated and published by the Officials on the journals, official websites, newsletters for any party to file possible opposition. This monitoring service help to watch the potential trademarks that are similar/identical to prior trademark, aiming to prevent the other part’s similar/identical/malicious registration and take necessary legal action to safeguard own right.
This service also includes informing the trademarks that should be renewed before the expiration so as to avoid losing the right.
The patent evaluation refers to request an evaluation to know the stability and possible prior rights, then get search result with a detailed evaluation report. It aims to foreknow the possible prior/conflicted right and adjust strategy.
Invalidation is the legal procedure which allows any interested party to try and remove a prior protected patent from the register as if it had never been registered.
In the event of infringement of a patent, patent invalidation is one of the strategies which are adopted by the patent owner and by the infringer. The aim of the patent owner is obviously to stop the infringer from using his/her product/method.
The investigation refers to the information of patent use, including the places, time, specific goods/service of use. The investigation aims to discover the possible infringements in advance in order to proceed legal actions in time against the infringers.
The investigation is usually carried out in the hot markets and the places where infringements happen a lot, as well as the online shops and e-commerce platforms.
The ways of selecting the evidences are various by:
- buying the counterfeits
- on-site investigation
- online searching
Legalization/notarization is usually required on the selected evidences to ensure the authenticity
Unfair competition is kind of action as dishonest or fraudulent rivalry in trade and commerce, specifically, the practice of endeavoring to pass off one’s own goods or products in the market for those of another by means of imitating or counterfeiting the name, brand, size, shape, or other distinctive characteristics of the article or its packaging.
Unfair competition covers a wide range of unlawful, unfair, deceptive or fraudulent acts. Included within the scope of unfair competition is trademark and trade dress infringement, false advertising, trade libel, misappropriation of trade secrets and infringement of the right of publicity.
Patent infringement is the unauthorized use of a patent in a manner that is likely to cause confusion, deception, or mistake about the source of the product/method.
Infringement may occur when one party, the “infringer”, uses a patent which is identical or confusingly similar to a patent owned by another party, in relation to products or methods which are identical or similar to those the registration covers. An owner of a patent may commence civil legal proceedings against a party which infringes its registered patent.
A party is allowed to take legal procedures to revoke the registered patent if it considers own trademark right is infringed by other party with bad faith so as to safeguard legal rights. Alternatively, prosecution before the court is also available.
The applicant should select related evidences to prove the infringement fact.
Patent analysis service provides support to clients for making faster as well as more confident business decisions.
Service Features:
Services performed by expert patent analytics
Offering support of custom-tailored solutions from IP experts
Offering perfect bend of reliable data and expert analysis
Supporting demands of safeguarding IP assets with ongoing infringement detection support
Provide for complete view of market activity with competitive monitoring services
Provide clients support in gaining insight into IP portfolio and competitors’ with well
defined patent portfolio assessment services.
It often happens that published patent, utility model and design are imitated/copied by other parties, which cause bad reputation to the patent owners.
Patent watch is to monitor the patent, utility model and design published by the Office, aiming to prevent the other part’s similar applications. It is an important way for each company safeguard own rights.
This watch service also help to monitor the legal status of the patent/utility model/design, as well as the due annuity to avoid lapse.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder.
Disputes arising from the exercise of copyright by the copyright owner or the user or any other third party.
Any effort designed to prevent the reproduction of copyrights, software, films, music, and other medias.