A brand owner may oppose an applicant’s registration or even petition to cancel an already-registered mark.
Trademark Opposition Proceedings
During the trademark application process, any party which believes that it may be harmed by the registration may file an opposition. Some common grounds for filing an opposition proceeding are descriptiveness and confusing similarity with a pre-existing trademark.
The opposition process is much the same as litigation in a federal court. The parties engage in discovery, comprised of depositions, document requests, interrogatories, and requests for admission. Expert witnesses may be required to establish that the consuming public likely would be confused by the applicant’s trademark, were it allowed to register.
While trademark oppositions are more streamlined than litigating in court, they can still be costly. As a result, opposition proceedings often result in negotiated settlements or in outright defaults on the part of the applicant being opposed. Contact one of our trademark attorneys to discuss filing or responding to a trademark opposition.
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Attorney consultation requests can be submitted by filling this form. One of our trademark attorneys will respond to inquiries directly. You may also call us at (212) 967-1350.
“ The trademark attorneys at Lewis & Lin are responsive, easy to work with, and fair! ”
— Harvey Moscot (CEO), Moscot NYC
