Third Party Intervention in Trademark Registration Procedures
Independently from the kind of procedure that a nation may have set up, opposition proceedings as a major aspect of the trademark registration framework are broadly viewed as a valuable element of trademark registration procedures. They give an opportunity to the third party to prohibit the registration of potentially clashing marks. Also, where oppositions might be filed on absolute grounds of refusal, third parties may submit to the Office additional details that could forestall/prohibit the registration of a specific mark.
Whether pre or post-registration, opposition frameworks can share basic features, for example, a relatively simple and cost effective administrative procedure that considers a limited number of grounds, without requiring the submission of evidence. Additionally, oppositions can be easily coordinated to and be heard by a specific body, for example, a board of appeal that can guarantee consistency in decision making. Frameworks may likewise look like a court activity inferring notice, pleadings, counter statement, opponent's evidence, applicant's evidence, evidence in answer, a hearing and the chance of an appeal course.