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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.
File the counter-statement within two months of service.
Urgent - a deadline or loss of rights may be close
- If no counter-statement is filed within two months, the application is treated as abandoned (section 21(2)).
- After the counter-statement, both sides file evidence within the prescribed periods, and each may be heard (section 21(4)).
- The Registrar then decides whether, and on what conditions, the mark is registered (section 21(5)).
- Use the time to gather evidence of your use and of the differences between the marks.
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.