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Author Topic: Can a trademark registration be opposed more than once by the same party?  (Read 594 times)

dapperdan

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Can a trademark registration be opposed again by the same opposer if they didn't succeed the first time?

Also, if an opposer succeeds in having your trademark registration cancelled, can they just go ahead and register that mark, even if you've been using it in commerce for years?
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JSonnabend

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An opposer cannot file an opposition for the same application after losing, as far as I know, as the opposition period will have closed (and I don't believe there is a mechanism for "refiling", although I have never expressly looked for one).

The second question is a bit more difficult to answer.  I suppose the answer depends on the grounds for the successful opposition.  If the grounds were priority, then I don't see how the loser of the opposition could successfully oppose the winning party's application on the same grounds.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
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JSonnabend@SonnabendLaw.com
 



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