Case Preparation, Filing of Opposition/Cancellation, Representation in Proceedings, and Negotiation Support
Formal proceedings in South Africa for trademark opposition and cancellation offer an avenue to challenge potentially infringing trademarks or revoke existing ones, providing a platform to safeguard against trademark infringement.
A trademark opposition proceeding is a legal process that allows a third party to oppose the registration of a trademark. The opposition can be based on various grounds, such as the similarity of the trademark to an existing trademark, the lack of distinctiveness of the trademark, or the trademark being offensive.
Any person who believes that a trademark registration should not be granted can file a trademark opposition proceeding. This includes competitors, consumers, and members of the public.
A trademark cancellation proceeding is a legal process that allows a third party to request the cancellation of a trademark registration. The cancellation can be based on various grounds, such as the trademark owner not using the trademark in commerce, the trademark being abandoned, or the trademark being obtained fraudulently.
Any person who believes that a trademark registration should be cancelled can file a trademark cancellation proceeding. This includes competitors, consumers, and members of the public.
A trademark opposition proceeding is filed before a trademark is registered, while a trademark cancellation proceeding is filed after a trademark has been registered. The grounds for opposition and cancellation are also different.
The duration of a trademark opposition or cancellation proceeding can vary depending on the complexity of the case. However, it typically takes several months to a few years to resolve a trademark opposition or cancellation proceeding.
The cost of a trademark opposition or cancellation proceeding can vary depending on the complexity of the case and the fees charged by the attorney handling the case. It is important to consult with an attorney to get an estimate of the cost of the proceeding.
Click the 'Connect' button and fill in the easy to use form.
Wait to hear back from a verified and licensed lawyer or legal professional. They may need to contact you to get extra information.
Once you are happy with the quote and the expert we recommended to you then proceed. If not just let us know and we will put you in touch with another legal professional.