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Trademark Opposition Proceedings

Protect your IP assets
Law Offices of Ernest Goodman > Trademark Opposition Proceedings

At the core of any trademark opposition is the essential claim that the admittance of a pending trademark would in some way be unfair or illegitimate to the Plaintiff, or Opposer, under various theories of law. For example, perhaps the most common reason a trademark opposition is filed is grounded on the Opposer’s claim that the new trademark, if registered, would cause a likelihood of confusion with the Opposer’s mark. So, where can the Opposer air his grievance and seek to stop the trademark from proceeding to registration? Well, of course, in the Trademark Trial and Appeal Board (TTAB). The TTAB, which is the judicial arm of the U.S. Patent and Trademark Office, hears and rules on trademark oppositions and cancellations and is ultimately responsible for deciding the admissibility or ineligibility of a trademark.

Trademark opposition is a legal process that allows third parties to challenge the registration of a trademark application. It typically occurs during the trademark registration process, after the trademark examining authority (such as the United States Patent and Trademark Office or the European Union Intellectual Property Office) has given preliminary approval to an application and published it for public review.

 

THE PURPOSE OF FILING A TRADEMARK OPPOSITION PROCEEDING

Trademark opposition is a legal challenge against the registration of a trademark. This can be initiated by a third party who believes that the trademark is too similar to their own registered trademark or is in conflict with common law trademark rights.

At the heart of any trademark opposition lies the fundamental assertion that allowing a pending trademark would be unjust or invalid to the plaintiff, or opposer, under various legal theories. For instance, one of the most common reasons for filing a trademark opposition is the opposer’s claim that the new trademark, if registered, would create a likelihood of confusion with their existing mark. So, where can the opposer voice their concerns and attempt to prevent the trademark from being registered? The answer is the Trademark Trial and Appeal Board (TTAB). The TTAB, serving as the judicial branch of the U.S. Patent and Trademark Office, hears and adjudicates trademark oppositions and cancellations, ultimately determining the admissibility or inadmissibility of a trademark.

 

Our Trademark Opposition Proceedings Services:

 

  1. Trademark Monitoring: Our IP attorneys offer comprehensive trademark monitoring services to identify potential conflicting trademark applications in a timely manner. By staying vigilant, we enable your business to take prompt action against any applications that may infringe on your existing trademarks.
  2. Trademark Opposition Analysis: Our team conducts thorough analysis of the opposed trademark application, assessing the likelihood of confusion, similarities in goods and services, and any other factors that may support your opposition. We provide strategic advice on the merits of your case and the most effective approach to protect your brand.
  3. Preparing and Filing Opposition: If it is determined that a trademark opposition is warranted, our experienced IP attorneys will prepare and file a well-crafted Notice of Opposition with the relevant trademark office. We ensure that your opposition is supported by strong legal arguments and adheres to all procedural requirements.
  4. Representation in Opposition Proceedings: Throughout the trademark opposition process, our skilled IP attorneys will represent your interests and advocate on your behalf. We engage in negotiations, manage evidence submissions, and handle any oral hearings or written submissions required to effectively present your case.
  5. Settlement Negotiations and Coexistence Agreements: In some cases, it may be advantageous to resolve the opposition through amicable negotiations or coexistence agreements. Our team is experienced in negotiating mutually beneficial settlements that protect your brand while minimizing the risk of prolonged litigation.

Our Personal Approach

 

Trademark protection is fundamental to our clients’ ability to protect their brands and standout in the marketplace.  Our firm has depth of experience counseling clients on trademark issues and filing trademark applications domestically and internationally.

And we do more than simple trademark filings.  We represent clients before the Trademark Trial and Appeal Board and help navigate trademark disputes.  We counsel clients in protecting their trademarks against infringing uses by competitors and in defending against third-party claims.

Why Choose Our Trademark Opposition Proceedings Services?

 

  • Expertise and Experience: Our team of IP attorneys has a deep understanding of trademark law and extensive experience in handling trademark opposition proceedings, ensuring that your case is managed with the utmost skill and professionalism.
  • Strategic Approach: We take a strategic and personalized approach to each case, carefully assessing the merits of your opposition and crafting a tailored plan of action to achieve the best possible outcome for your business.
  • Clear Communication: At [Your Company Name], we believe that clear and open communication is essential for a successful partnership. We keep you informed throughout the opposition process, providing regular updates and addressing any questions or concerns that may arise.
  • Cost-effective Solutions: We understand the importance of managing legal expenses, which is why we offer transparent and competitive pricing for our trademark opposition proceedings services. We work diligently to achieve the best possible outcome for your business while minimizing costs.

We provide legal services from the beginning of the process to the final point.

We welcome you to call our office at +1818-858-0406 or complete our convenient online form, and our team will be happy to guide you towards a successful, stress-free resolution.

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