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.