To Be or Not-Being: Obstacles on the way to your brand
by RA Breuer on October 30, 2009
to guide brand
During the registration process, the trademark application encounter obstacles, but against all decisions can be appealed?
- During the registration process, a brand can be rejected because formalities were not followed, the official fees were not paid, or the lack of brand distinctiveness.
- Following the publication of the registration may be filed against a trademark from an earlier trade mark.
- After registration of a trademark may be declared invalid or void the rights of trademark holders for.
Cancellation due to void
The registration of a trade mark application for revocation deleted due to absolute grounds for refusal, if it is contrary to § 3, § 7 or § 8 of the Trademark Act has been registered, so if you missed the mark ability, the applicant could not be the holder of a trademark or were opposed to absolute grounds for refusal .
Cancellation due to decay
The registration of a mark will be deleted at the request on grounds of revocation if the trademark has not been used after registration for a period of five years.
Contradiction! You can always defend
The Trademark Office shall notify the proprietor of a request for cancellation. You can consult with your attorney and appeal within two months to object to the deletion of your brand.
