Before filing of your trademark application, conducting a trademark search is strongly advisable and essential. From trademark search, our team will search and check that your trademark does not infringe other trademark which has been filed or registered prior to your application. It is important to avoid any possibility of trademark objection or infringement in future. In other word, trademark search is to ensure the registerability of your trademark in particular territory.
Once your trademark has been filed or registered, we will exercise trademark watch for your trademark on regular and long term basis. Should we found any identical or similar mark which may cause confusion to the public or has potential to affect your business goodwill, we will inform you whether opposition or legal action need to be taken against the particular mark.
Sometimes, trademark application will be objected by Trademark Registry due to the applied mark is similar to existing marks or it does not fulfil certain requirements or regulations of Trademark Registry. Should the trademark application is objected, the applicant may wish to proceed with trademark appeal by contesting and overcome the objection. For this proceeding, NBS Intellectual has considerable experiences in drafting, prosecuting and submitting of legal trademark appeal in support of our clients.
Trademark Ex-Parte Hearing
If the Trademark Registrar maintaining the objection for a trademark application, the applicant will thus be required to proceed for ex-parte hearing to prosecute the trademark application further. This proceeding is considered complicated and it requires the applicant to provide the evidence of use of the mark in support of the application. We are capable in handling and prosecuting of this proceeding in view of many successful records that we have prosecuted and overcome over the years.
When a trademark application was accepted and gazetted in Trademark Journals, the mark is open to opposition by any third parties. If a notice of opposition is filed by an opponent against the trademark application, the Trademark Registrar will hold the application from further registration. An opposition is typically filed by the opponent alleging that the applied mark is likely to cause confusion to the general public. The applicant, upon receipt of the notice of opposition, has to respond by submission of counter statement to Trademark Office within a stipulated time. Otherwise, the application will be dismissed from trademark register.
Our firm, upon receipt of instruction from client, could file the notice of opposition against an application or to respond to the opposition filed by opponent..
Trademark Assignment / Trademark Transfer
Trademark is an intellectual property whereby it can be transferred from existing owner to another party by filing of official form and Deed of Assignment.