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Trademark: my application was objected to or opposed. What now?
Trade mark deadlines are short. An examination report and a notice of opposition follow different rules - work out which one you have first.
An examination report from the Trade Marks RegistryYesA similar earlier mark has been cited (section 11)← back a step
Answer the citation by comparing the marks and the goods.
Moderate complexity - several routes or missing facts
- Compare the marks as a whole - look, sound and idea - and the goods, customers and trade channels.
- Check whether the cited mark is actually in use. A registered mark not genuinely used for a continuous five years can be removed on application by a person aggrieved (section 47).
- Other routes may include the owner's consent, or honest concurrent use (section 12). Your attorney can advise which fits.
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.