Trademark oppositions occur when a business or individual files paperwork opposing the registration of a trademark. Reasons for opposition vary, but normally, the reason is that the trademark too closely resembles another registered trademark.
Responding to Trademark Opposition
Before a trademark is approved by the U.S. Patent and Trademark Office, a 30-day grace period is provided to those who may want to oppose the registration.
If you receive a letter from the USPTO informing you that an opposition has been filed, you must reply or forfeit your registration. Failing to reply will result in the loss of all application processing fees and require you to resubmit an application.
You have several options when responding to a trademark opposition: State in writing that changes will be made to the trademark or propose an alternative solution by agreeing to negotiate with the opposing party to make minor changes or persuading the other party to make certain exceptions in terms of design, graphic use, images, or word choice. You can also file a motion to dismiss the opposition.
It is best to respond to a trademark opposition quickly and professionally. An attorney experienced in trademark law can help you draft a response letter using proper negotiation tactics.
Opposing a Trademark
Filing opposition paperwork against a trademark you deem too similar to your trademark may be done during the 30-day grace period. After this period, the trademark will become registered.
Opposing a trademark before it is registered saves a lot of time and reduces legal costs than if you wait until after the grace period. Reduce the potential for trademark infringement before a trip to court or settlement hearing is necessary.
The Lexero Law Firm
Our trademark lawyers are here to assist you in all your trademark needs. While dealing with trademark opposition may seem frustrating and stressful, our knowledgeable attorneys have the skills necessary to guide you through the process of responding to an opposition or filing opposition paperwork.