How to oppose and respond to a Notice of Trademark Opposition?

 After registering a trademark application with the USPTO, the applicant commences the long and difficult waiting period. The mark bears an inspection from a trademark opposition lawyer to prove that the trademark is both adequately distinct and does not violate a prior applicant's existing trademark rights.


After around 3-4 months, the petitioner will either get an office action drafting certain defects within the trademark application and how it may be rectified or, if the trademark does not have any issues, the examining attorney will publish the brand to the Official Gazette for "Opposition."

 

Who can oppose a trademark?

The USPTO is associated with balancing the competing concerns of preserving the trademark holder from needless harassment while still providing a legitimately concerned party with the opportunity to oppose the trademark. You can also hire an experienced trademarkopposition lawyer who will guide you on fighting and responding to a trademark infringement.

 

What are some common reasons to file a trademark opposition?

Here is a list of the most common grounds to file a trademark opposition:

  • When used in connection with the applied-for goods/services, the trademark in question may lead to customer confusion with the Opposer's trademark.
  • Contrary to the required trademark registration provisions, the applicant never intended to use the mark in commerce when the trademark application was submitted.
  • The applicant's mark is not sufficiently distinct, given the goods are sold under the trademark and is consequently either generic or descriptive.
  • The Trademark has not met the bona fide use in commerce requirement before offering the 1(a) filing despite the contrast claims.
  • Registration of the trademark will commence to dilution by blurring or dilution by tarnishment of the Opposer's trademark.
  • Registration of the trademark would inappropriately intimate a wrong connection, origin, or sponsorship.

 

It is necessary for the trademark Opposer to confirm any of the claims mentioned above by a preponderance of the evidence, which reinforces the idea that it is ultimately incumbent on the Opposer, rather than the USPTO, to prevent trademark violation.


About the company

Trademark.Legal is committed to helping businesses and individuals develop, protect, grow, and enforce their intellectual property rights through the superior trademark opposition lawyer and intellectualproperty attorney at low and cost-effective prices. The team at Trademark.Legal provides all types of trademark prosecution services, domestically and globally.

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