Trademark Oppositions Attorneys St. Louis MO
The path to trademark registration isn’t always a straight shot. Sometimes, another party might file an opposition to your application, claiming your trademark could infringe upon their rights. This can be frustrating, but it doesn’t have to derail your plans. Here at TM Law, we’re equipped to handle trademark oppositions and ensure your brand gets the protection it deserves.
Understanding Trademark Oppositions
A trademark opposition occurs when a third party believes your newly applied-for trademark is too similar to their existing registered trademark. They argue that using your mark could create confusion in the marketplace, potentially harming their brand. This opposition triggers a legal proceeding before the Trademark Trial and Appeal Board (TTAB) of the USPTO.
There are several reasons why someone might oppose your trademark application:
- Similarity: The most common reason is similarity between the marks. If the opposing party’s trademark and yours share visual or phonetic similarities, and they’re used for similar goods or services, the TTAB might find grounds for confusion.
- Prior Rights: Sometimes, another party might have established common law rights to a trademark even if they haven’t formally registered it. If they can demonstrate prior use in commerce, they could oppose your registration.
- Generic Term: The opposing party might argue your proposed trademark is a generic term, meaning it’s become the common name for a particular good or service. In such cases, the term wouldn’t be eligible for trademark protection.
Navigating a Trademark Opposition with TM Law
Receiving an opposition notice can be unsettling, but it’s important to remember you have options. Here’s how TM Law can help you navigate this legal hurdle:
- Evaluating the Opposition: We’ll thoroughly analyze the grounds for opposition and assess the strength of the opposing party’s case.
- Developing a Strategy: Based on our evaluation, we’ll develop a strategic response that addresses the opposition’s claims effectively. This might involve arguments based on distinctiveness of your mark, differences in goods or services, or even potential abandonment of the opposing party’s trademark.
- Gathering Evidence: We’ll work with you to gather evidence that supports your case. This could include marketing materials, sales figures, and consumer surveys demonstrating the distinctiveness of your brand.
- TTAB Representation: If necessary, we’ll represent you before the TTAB, confidently presenting your arguments and advocating for your trademark rights.
Contact TM Law For Your Trademark Opposition Process
Don’t let an opposition derail your brand’s journey. At TM Law, we have the experience to guide you through the entire process, we’ll work closely with you to assess the situation, gather evidence, and build a strong case to ensure your trademark rights are protected. Contact TM Law today for a free consultation