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A trademark identifies the source of goods, while a service mark designates the provider of a service. Despite the distinction, the term ?trademark? is commonly used to describe both forms of intellectual property.
You may only oppose a trademark if you have a real or a legitimate stake in its outcome. In most countries, this means having a previously registered trademark or being able to demonstrate earlier use of a mark that is the same or very similar to the one being opposed.
The term ?opposition period? means the time allowed for filing an opposition in the United States Patent and Trademark Office, including any extension of time granted under section 1063 of this title .
If a registered trademark in India has not been used for a continuous period of five years from the date on which the trade mark is actually entered in the register, it can be removed on an application by third party for rectification or cancellation made in prescribed manner by filing request before Trade Marks Office ...
A Cease and Desist Letter is a letter that you or someone on your behalf (such as an attorney) sends to another person or business to demand that they stop using your intellectual property, or stop some other conduct.
To Cancel a Canadian trademark application under process by CIPO, an official request is to be submitted to CIPO to withdraw the application. Be aware that upon withdrawal, any rights that you had on the trademark will become void, and the mark would be open for registration to others.
Simply, to file a Petition to Cancel with the TTAB, one must state the his/her interest in the case, the cause to action of the case (why the mark deserves to be canceled) and pay the required fee.
In terms of a cancellation proceeding, once there is evidence of three years of nonuse, then the burden shifts to the trademark owner to show use during the three-year period or that despite the three years of nonuse, there was intent to resume use of the mark within a reasonably foreseeable time.