Written by Tomas Orsula
Senior Trademark Attorney
The simple answer is yes. Any third party can oppose a trademark on absolute grounds if they believe the mark fails to distinguish the source of goods and services from other goods and services in the market.
The application is open to oppositions only after it passes the official examination. Even though the application has to be assessed by the examiner first, and no defects are found, it doesn't mean any third party cannot challenge this ruling. There might be some additional information that the examiner did not consider during the assessment.
In countries that adopt the first-to-file rule, a third party which doesn't have a pending/registered trademark cannot challenge the application, even if it was using the identical/similar mark before.
If my trademark is rejected for consisting merely of a surname, can I do anything?
Does the cost of trademark registration depend on the number of classes?
If the domain for a particular word is already taken, can I still register it as a trademark?
What's the difference between the use-in-commerce and intent-to-use basis?
If I register a logo trademark, will my brand name be protected as well?
Do I need a pending trademark application to file through the Madrid System?
If I register a figurative trademark, will the wording be registered as well?
What is the price for 2 or more trademark classes in Canada?
What is the best way to extend our US trademark protection to the rest of the world?
Should I register my company first before trademark registration?
After I file a trademark application, would adding a logo have any additional charges?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
