Trademark Opposition 

What is a Trademark?

Trademarks can include specific colors, artwork, phrases, and more. It is even possible to trademark a distinctive sound or smell. The designs enable businesses to create memorable things that bring the company to mind when people see, hear, or smell specific things. Using them allows the instant identification of a product belonging to a company. Well-marketed trademarks are an effective and affordable method of advertising.

What is Trademark Opposition?

The application process for a trademark is not as easy and automatic as some people may expect. After applying, the USPTO will publish newly accepted trademark designs to allow others to submit an opposition if desired. The deadline for the process is 30 days after publication.

Opposition to a trademark happens when someone sees the listing and files a complaint to reverse an approval. Opposition to an application does not need to wait until publication. It can also happen when someone applies. The United States Patent and Trademark Office (USPTO) has a Trademark Trial and Appeal Board for those who wish to oppose an approval or those who want to reverse a denial.

Why Would Someone Oppose a Trademark?

Oppositions can occur for different reasons. Former business partners may each claim the ownership of a trademark they designed together. Both people may wish to use the design or phrase for their new ventures. An opposition can happen if someone decides to register the trademark before an agreement becomes finalized between the former partners or if one side is not following a formal legal decision.

A company with a registered trademark may believe another is too close in appearance to its own. The similarities may happen mistakenly or with the intent of making consumers believe the companies have a connection. The one opposing the approval may want to stop the other company from using it. They will oppose its use to avoid confusion for their customers. Competing businesses or entities may also attempt to register a trademark they will not use to prevent their competitor from using it. The USPTO requires those registering a trademark to have it in use for commerce, or the agency will deny the application.

Why Would You Need a Trademark Opposition Lawyer?

A trademark opposition attorney can help their clients to appeal a denied claim or to prevent someone from unfairly registering a trademark. Unfair registrations often include deceptive designs made to confuse consumers or harm a rival business. The legal process to stop the logo, slogan, or another item from going into use may begin before or after registration approval.

Proceedings involving trademark opposition can be lengthy and complicated. Hiring an attorney can benefit those who must go to court, but the best reason to have legal help is to avoid the expense of a trial. An attorney can often successfully resolve legal complaints through a settlement that will save businesses time and money. If someone unfairly opposes a legitimate trademark, an attorney can help people retain the right to use the design they created.

What Can Happen if You Do Not Have a Lawyer?

Not hiring a trademark opposition lawyer could lead to negative consequences. Anyone attempting to stop the use of a trademark may not succeed. The trademark registration may receive approval, and any following appeals to stop it after the initial approval could fail.

Someone wishing to register their trademark may lose the right to do so. The effects of a denied application could include the loss of time in advertising and marketing products while appealing the decision. If they lose an appeal, the time lost could extend further as they must develop a new trademark and begin the registration process again.

Someone may register a trademark to harm a competing company. The approval enables the company to sell inferior products that resemble the higher-quality inventory of its competitor. The other business may experience a decline in sales and a damaged reputation as their customer unwittingly buy the lower quality items.

If someone else has a similar trademark, it may force the original company to invest in designing new marketing materials to avoid confusion. An opposition can save them from undertaking the effort and retaining the product that belonged to them first.

When Should You Consult with an Attorney?

Contact a trademark opposition law firm immediately if any problem exists with a personal trademark or if one belonging to another entity causes concern. Any business owner who believes they may receive an application denial or if they want to stop the approval of a trademark should also schedule a consultation. A lawyer can offer advice during any part of the approval or appeal process.

Do You Need Assistance with Trademark Opposition?

Trademarks are a valuable branding and marketing tool for every business owner. Protecting intellectual property and a business reputation are vital to creating and maintaining a successful enterprise. The application and appeal process can seem complex. Avoid confusion and unfair decisions by hiring a lawyer with experience in these cases.

About the Author

Francelina M. Perdomo Klukosky is a trademark opposition attorney that can help anyone with related questions or concerns. Her law firm offers free legal consultations to enable people to determine if they have a case. Discover the options available to you.Learn more by visiting her website at Perdomo Law.