Trademark Oppositions
Quick Summary: After a mark has been examined and accepted as valid by the Trademark Examiner, it still must overcome any objections from the public at large. Anyone who has an objection to your trademark can file a “Notice of Opposition” and state the reasons that they object to your registration. If you find an application for a mark that you feel infringes your mark, then you can oppose a mark. You have a limited time to do this, so if you want to oppose, you need to act right away.
The Trademark Opposition Process
The Trademark Opposition Process
After your trademark is filed, examined by the examiner, and found by the examiner to not be “confusingly similar” to another mark or otherwise ineligible for registration, the mark is approved for publication. The trademark applicant then receives a “Notice of Publication” stating the date that the trademark will be published for opposition in the Trademark Official Gazette, which is published every Tuesday. The purpose of publication in the Official Gazette is to put the public on notice of marks to be issued and marks to be renewed.
Once a mark is published in the Official Gazette, the public has 30 days to object to the issuance or renewal of a trademark. The objecting party must file their opposition with the Trademark Trial and Appeal Board (TTAB). The TTAB is an administrative body responsible for adjudicating trademark disputes, and proceedings before the TTAB are much like any other court proceeding, except that oral arguments are not usually heard. Each side has the right to argue its case, and then the TTAB makes a decision.
What are Common Reasons for an Opposition to A Trademark Registration?
What are Common Reasons for an Opposition to A Trademark Registration?
The most common reason for a trademark opposition is “likelihood of confusion” — that your mark is “confusingly similar” to another party’s mark. This may or may not be legitimate; some big companies try to “trademark bully” smaller companies by unjustifiably asserting their trademark rights far beyond the scope of what is considered reasonable, in the hope that the trademark applicant will give up or accept a licensing agreement that expands the rights of the opposing party. Trademark opposition attorney Angela Langlotz has successfully defended her clients against such “trademark bullies.”
What Happens If I Don’t Respond to a Notice of Opposition?
What Happens If I Don’t Respond to a Notice of Opposition?
If you receive a Notice of Opposition, then you must respond or abandon your mark. If you don’t’ respond or request an Extension of Time to Respond, then a default judgment will be entered, and your trademark application will be cancelled. If you get a Notice of Opposition, it’s important to contact a trademark opposition attorney right away to ensure that you are not giving up valuable trademark rights.
How Do I Oppose a Trademark?
How Do I Oppose a Trademark?
If you notice a trademark application that you wish to oppose, then you need to contact an attorney right away. Your opportunity to oppose a mark ends within 30 days of publication of the trademark in the Trademark Official Gazette, so you need to make sure that your attorney has time to draft and file the Opposition documents with the Trademark Trial and Appeal Board.
How Do I Respond to a Trademark Opposition?
How Do I Respond to a Trademark Opposition?
If you have received a “Notice of Opposition” in response to the publication of your Trademark in the Trademark Official Gazette, then you have 30 days to respond. If you wish to defend against a trademark opposition, you must do so in a timely manner. Since the time available to assert a reason for an opposition is limited, you should contact an attorney as soon as you get the notice, so that your attorney can research the matter and draft and file a response in a timely manner.
Bottom Line: If you’ve received a Notice of Opposition, don’t just give up without consulting an attorney to discuss your case. If you see a mark in the Official Gazette that you feel infringes your trademark rights, call an attorney and find out what your rights are. Trademark Opposition attorney Angela Langlotz can help you navigate a trademark opposition before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, no matter what side of the Opposition you are on. Contact her today to discuss your particular case.
If you have received a Notice of Opposition, or you want to oppose a mark, you have very little time to respond.
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