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An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.
Opposition proceeding: To prevent the registration of conflicting marks during the review period. [94] [95] [93] Cancellation proceeding: To revoke third-party trademark registrations that infringe or dilute a registered mark. [96] [93] Cease-and-desist letters: Demand that infringers stop unauthorized use. [93] [9] (p78)
The opposition proceedings may have one of three outcomes: The patent is maintained, i.e. upheld, as granted. This is the outcome if the opposition is rejected [43] or if the Opposition Division decides to discontinue the opposition proceedings. The Opposition Division may decide to discontinue the opposition proceedings notably if the sole ...
Pre-grant opposition proceedings typically commence after the patent application has been published but before the substantive examination is completed by patent examiners. In some jurisdictions, the opposition period starts after a positive examination result, where the patent office indicates an intention to grant the patent. [1]
A re-examination is a proceeding conducted by the patent office after the grant of a patent in which the validity of a patent is re-examined at the request of the patentee or third party, [17] as provided by the applicable law. [27] In some countries, a re-examination system is provided as an alternative or complement to the opposition system ...
The Trademark Trial and Appeal Board Manual of Procedure (TBMP) is a manual published by the United States Patent and Trademark Office (USPTO) for use by litigants before the Trademark Trial and Appeal Board. It provides basic information generally useful for litigating these cases, including current practice and procedure as of the date the ...
The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine the right to register a trademark. It has no authority to determine the right to use one, nor broader questions of infringement, unfair competition, damages or injunctive relief.
If, at the time of filing a request for limitation or revocation, opposition proceedings are pending, the request "shall be deemed not to have been filed [15] (see section "Special cases" - below - for the case, "likely to be infrequent in practice", [14] where an opposition is filed "following the valid lodging of a request for limitation or ...