Most Trademark and Patent filing application systems incorporate opposition procedure. The applications are open to opposition for a specific period during which anyone who feels infringement of his rights can file an Opposition to the grant of a Trademark or Patent.
In most of the countries the opposition is filed directly to the Trademark Registry or Patent Office where the application is pending. In US Notice of Opposition is filed with TTAB. In US TM opposition is based on one of the statutory grounds in Section 2 of the Lanham Act. In the European Union (EU) the plaintiff can file Opposition with OHIM
An Opposer (plaintiff) must file a statement of grounds upon which the opposition is based. TM Opposition grounds may be Absolute or Relative Grounds.
Patent Opposition may be filed on the ground that the application is not patentable or it does not disclose an invention.
The Defendant can file a Counter-Statement to an opposition denying the opposition. Defenses to an opposition depend on the evidence submitted by the parties and the law.
Please Note: Basic Gig is to discuss issue and assess labour. Wages shall be invoiced.