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 Trademark Trial and Appeal Board (TTAB), which is part of the Trademark Office. Parties can argue Trademark issues like 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.
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 a prior registration.
Trademark oppositions can also be submitted by more than one party and there is no limit to the amount 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 important to understand what they are charged out at an hour rate and your projected budget over time so you know whether they cost will exceed their benefits of both filing fees and potential sales lost due thereto these actions can have on your brand image.
Areas of Interest