Almost all Trademark and Patent filing application systems in the world 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.
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 depend on evidence.
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