A Trademark Opposition Lawyer With Experience
Lapin Law Firm has experience with both offensive and defensive trademark oppositions. We can help with trademark oppositions before or after registration. Our skilled attorneys can draft oppositions and also represent you at hearings.
We can provide the following services:
- Trademark infringement cases before registration
- Pre-filing trademark opposition advice or defense
- Trademark opposition after registration
- Post-filing trademark oppositions, including those before the Trademark Trial and Appeal Board or U.S. Court of Appeals for the Federal Circuit
We also specialize in helping people by providing pre-filing advice or defense of trademark oppositions.
What Is A Trademark Opposition And How Does It Work?
Trademark oppositions are often the next step after filing a trademark application. Trademark oppositions can be filed by any party that believes their interests will be affected by your Trademark registration (e.g., they believe it violates their Trademark rights).
Oppositions are heard before the Trademark Trial and Appeal Board (TTAB), which is part of the Trademark Office. Parties can argue Trademark issues like the likelihood of consumer confusion or Trademark strength.
Often, trademark oppositions are filed by direct competitors who believe that there is a likelihood of consumer confusion between their Trademarks and your Trademark. Oppositions are not limited to competitors; anyone could oppose your Trademark for any reason.
It is important to note that Trademark oppositions are not adversarial proceedings like court cases. Oppositions are heard by one Trademark examiner (not a judge) who will consider both sides of the argument presented, but ultimately this Trademark examiner makes the decision to allow or deny your Trademark registration.
Defending a Trademark Opposition
The Trademark Opposition is a type of proceeding in which the owner of a trademark, or someone who believes they have been harmed by the registration and use of another party’s trademark, challenges that trademark.
Trademark oppositions come in two types: defensive and offensive. A defensive trademark opposition is a proceeding initiated by the owner of an earlier-registered trademark to prevent registration or continued use of a conflicting mark, without any intent to use the trademark itself.
An offensive trademark opposition is a proceeding initiated by the owner of an earlier-registered trademark who intends to make active use of their trademark, to prevent registration or continued use of a conflicting mark.
The Lapin Law Firm handles trademark oppositions for clients who need assistance with defensive and offensive trademark opposition proceedings. Our team is skilled and experienced in these types of proceedings.
When To File A Trademark Opposition
Trademark oppositions must be filed within 30 days of the Trademark application’s publication in the Trademark Journal Publication & Resulting Trademarks Database. Oppositions can be filed after this deadline if they are based on prior registration.
Trademark oppositions can also be submitted by more than one party and there is no limit to the number of parties that an opposition submission may include. It is important to note that Trademark oppositions take a lot of time and preparation. Having an experienced trademark lawyer can shorten this process and help you to prove your case.
If you have Trademarks that are potentially affected by another party’s Trademark rights, or Trademarks that you think might be opposed, it is important to contact Trademark counsel from the beginning before filing your Trademark application, so that Trademark counsel can preserve Trademark rights and prepare Trademark oppositions.
The Risks Of Not Filing An Opposition
Trademark oppositions are not required, but Trademark oppositions can help preserve Trademark rights. If you do not oppose another party’s Trademarks that might infringe on your Trademarks within 30 days of Trademark publication, your Trademarks may be canceled or prohibited from registration by the Trademark Office.
Why You Should Consider Hiring A Trademark Lawyer For Your Opposition
Trademark oppositions are not adversarial in the way that Trademark litigation is. It might be difficult to manage Trademark oppositions with Trademark counsel because, for example, it is illegal to copy material from the Trademark office’s database or cloak or distort links in any manner that does not comply with trademark law.
Failure to follow this could lead to Trademarks being canceled or prohibited from registration by the Trademark Office.
Therefore when considering hiring a Trademark lawyer it is important to understand what they are charged out at an hourly rate and your projected budget over time so you know whether the cost will exceed the benefits of both filing fees and potential sales lost due thereto these actions can have on your brand image.
Lapin Law Firm Can Help
Whether you are the rightful owner of a trademark, or you want to register your trademark for the first time. We are the one-stop shop for all your trademark needs. Contact our attorneys today, and we will help you with any legal matters pertaining to trademark law. Lapin Law Firm has years of experience in trademark oppositions.
The Lapin Law Firm is here to help if you’ve been denied a patent or registered trademark and would like assistance with any legal matters pertaining to trademarks. Just give us a call for a free, no-obligation consultation.
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