Trademark applications go through a lengthy examination process at the trademark office. If the application meets all legal requirements according to the trademark examiner then it will be published for opposition in the official gazette. This process allows anyone in the public have an opportunity to oppose the registration of the trademark. Trademark oppositions can help protect businesses and individuals who want to ensure their brand identity is safeguarded.

Do you want to file a trademark opposition? Call US patent and trademark attorney Ashkon Cyrus at (310) 893-2088 or email ashkon@selectip.com.

When Can You Oppose a Trademark Application?

You can only oppose a trademark application when it has been published for opposition. This publication occurs after an examiner at the trademark office has reviewed the application and approved it for publication. The publication is basically a notice to the public that the application is nearing the final stages of the registration process and provides an opportunity for any interested parties to object.

Grounds for Opposition

There can be numerous grounds for opposing a trademark. For example some common grounds for opposition include:

1. Likelihood of Confusion: If the proposed trademark is too similar to an existing trademark, it might cause confusion among consumers about the source of the goods or services.
2. Descriptiveness: Trademarks that merely describe the goods or services, rather than distinguishing them, can be opposed.
3. Deceptiveness: If the trademark is misleading or deceives consumers about the nature, quality, or geographic origin of the goods or services.
4. Dilution: For famous trademarks, any new trademark that would dilute the distinctiveness or tarnish the reputation of the famous mark can be opposed.
5. Bad Faith: If the application was filed in bad faith, such as an attempt to exploit the goodwill of an established brand.

How to File an Opposition

To file an opposition, follow these steps:

1. Monitor Publications: Regularly monitor the trademark office’s publications to identify any trademarks that could potentially infringe on your rights.
2. File a Notice of Opposition: Submit a Notice of Opposition within the specified opposition period, typically 30 days from the publication date. This notice should include detailed reasons for the opposition and any supporting evidence.
3. Pay the Fee: Pay the required opposition fee as stipulated by the trademark office.
4. Prepare for Proceedings: Be prepared for a formal proceeding, which may include submitting additional evidence, responding to the applicant’s arguments, and possibly attending hearings.

Conclusion

Opposing a trademark application is a critical process for protecting your brand and ensuring market fairness. Remember, you can only oppose an application after it has been published for opposition. By understanding the grounds for opposition and the steps involved, you can effectively navigate this process and safeguard your brand identity.