Trademark Oppositions

Trademark oppositions are proceedings in which the plaintiff seeks to prevent the issuance of a registration of a mark on the Principal Register.

Once all objections of the examining attorney regarding a trademark application have been addressed, a trademark application is approved for publication.

In a certain period of time, which is usually of 3 months, anyone who believes that their previously filed or registered trademark would be damaged by the registration of the published mark may initiate a trademark opposition proceeding before the Opposition Comission of the trademark office.

The most common grounds for trademark oppositions are for the senior trademark holder to claim that the junior trademark is confusingly similar to the senior trademark.

The senior trademark holder has to show their superior trademark rights, and this is commonly shown through a trademark mark registration, or trademark registrations.

It is also possible to file a trademark opposition through common law trademark rights.

There are more less common grounds for trademark oppositions, which include:

- descriptiveness or genericness of the trademark;
- fraud in attempting to register the trademark;
- a trademark that disparages a particular group;
- a trademark that is scandalous, etc.

The trademark opposition process is the equivalent of a full court proceeding, conducted before the trademark office.

Due to the complexity of the trademark opposition process, including depositions, discovery, motions and counter-motions, it is not generally recommended for individuals to either initiate or defend a trademark opposition on their own.

This is certainly possible, however the learning curve is substantial - and you only have one opportunity before the Trademark Office for your trademark opposition.

It is advisable to utilize the services of a trademark opposition attorney. It is possible to win or settle a trademark opposition, and a trademark opposition attorney can provide many strategies and ideas about how to move forward.

INTELLEKTUS is a network of industrial property attorneys with substantial experience with trademark oppositions worldwide. Please visit this dedicated website for more details: www.trademark-oppositions.com.

We can provide you with a trademark opposition attorney at a reasonable price.

Recent changes in trademark law make it important to utilize the services of a trademark opposition attorney to achieve a successful resolution to your trademark opposition.

If you would need the help of a trademark opposition attorney, please contact us on office@intellektus.com.