As a brand owner, you know that protecting your trademark is important. But what do you need to do during the opposition period? When you’re applying for a trademark, one of the most important steps is to navigate the US trademark opposition period. This is the time after you’ve filed your application and before anyone can start any legal action against it. Precisely what steps need to be taken during this period varies from country to country, but there are some general guidelines that you should know. In this article, we’ll tell you everything you need to know about navigating the trademark opposition period.
If someone files a trademark opposition to your trademark, they may claim that they own the same mark or that your mark is too similar to theirs. During this time, you’ll need to provide proof that your mark is valid and that you actually own it. You also have the opportunity to respond to any allegations made by the opposition party. When a trademark application is being processed, the issue of trademark opposition in the USA is frequent and that can be raised against trademark registration.
During the opposition period, you have the opportunity to respond to any complaints filed against your mark. This includes filing any liens or takedown requests against anyone who has allegedly violated your mark. Failure to take action may result in a loss of protection for your mark. Now is the time to act if you want to protect your trademark. By following these steps, you will be able to understand the US trademark opposition period successfully.
What are the ways to respond to trademark opposition?
The US trademark opposition process involves a lot of steps, following are the ways that you can respond to a trademark opposition.
- Understand the grounds for opposition and the assertions made against your trademark application by reading the Notice of Opposition.
- Choose if you’ll defend or withdraw your trademark application. You must respond to the opposition within the specified time range if you decide to defend your trademark.
- Consult a trademark lawyer to assess the strength of the opposition and to assist you in putting up a response. A trademark lawyer can provide you with advice on the appropriate course of action and assist you in drafting an argumentative and convincing reply.
- With a copy given to the opposer, submit your response to the Trademark Trial and Appeal Board (TTAB). Each issue raised in the opposition should be addressed in the response, which should also offer proof and justifications in favor of your trademark application.
What are the approaches to be taken to address the opposition?
The applicant has a choice as to whether they want to respond to the objection or withdraw their trademark application after receiving it. The most effective strategy for dealing with opposition truly depends on the particular circumstances, however, from our experience, there are three main strategies that can be used:
- This guarantees that the two brands do not overlap in the goods or services they provide to customers, ensuring that their perceived resemblance is not an actual issue.
- There are many co-existence agreements in place between firms with similar sounds, outlining the extent to which they can use their trademarks in particular circumstances and nations.
- Even a little resemblance between a new trademark application and an existing brand can prompt opposition when it comes to well-known brands in particular. Many times, such oppositions can be successfully contested since they don’t have enough merit to support the idea that consumers would become confused if these two brands coexisted because they both operate in entirely separate industrial areas.
The main justification for filing a trademark opposition is the alleged resemblance between the already registered trademark and the new application, which may harm the owner’s reputation and cause customer confusion. Diverse nations have very diverse laws about how long and expensive opposition processes should be. Furthermore, the entrepreneur may face a cessation of business action if a rival registers a trademark that is identical to or similar to theirs. Without a registered trademark, rebranding might be the only practical alternative, which would mean significant losses because the company would have to essentially start over.
Conclusion
Filing for a trademark is a major investment, so it’s important to protect it properly. By following the guidelines during the opposition period, you can minimize the chances of someone taking your markdown. It might take a lot of time and effort to respond to trademark opposition in the USA. Working with a competent trademark specialist can make the procedure easier for you and improve your chances of success. Based on the risk profile of each trademark application, there are different success rates when handling opposition.
Brealant is an intellectual property service provider firm, where the experts work dedicatedly to offer its clients efficient and effective IP solutions. The company has years of experience with the IP laws of various countries. To know more about the services of the company, visit the official website.
