What are trademark opposition and invalidation systems?
In many countries, after a trademark application has passed the formality review, it is usually published before it is granted. If any party finds that the application violates any prohibitive provisions of the trademark law or their rights and interests, they can file an opposition to prevent the registration of the trademark. However, if the interested party misses the deadline for filing an opposition and the trademark is successfully registered, they may still apply to invalidate the registered mark at a later time.
Enforcing trademark rights through opposition procedures is more effective than through invalidation actions. In an opposition procedure, the opposing party has an advantageous position as the trademark application has not yet been granted. On the other hand, an invalidation action challenges a trademark after it has been registered, and until the invalidation is successful, the trademark remains valid. Additionally, invalidation of a trademark may be subject to judicial review, which can prolong the entire process.
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