My trademark application is being opposed what can I do?

After your trademark application is approved by a Trademark Office Examining Attorney, it publishes in the Official Gazette for 30 days for third party opposition.  During this time any third party that believes it will be harmed by the issuance of your trademark application can file an opposition to your trademark.  A trademark opposition is similar to a lawsuit, with a formal Notice of Opposition that serves the same function as a Complaint in a lawsuit.  After the Notice of Opposition, the trademark applicant has approximately thirty (30) days to respond or the opposition will be sustained and the trademark application will be deemed abandoned.

Many companies utilize trademark monitoring companies to monitor the Official Gazette as well as the Internet for third party use of potentially confusing trademarks.  These companies often zealously guard their trademark rights as trademark rights are maintained on more or less a “use it or lose it” basis.  These companies are often amicable toward a resolution that will allow you to continue to use your mark and even to obtain a registration.  We have negotiated many mutual consent to use and register agreements between our clients and third parties.  If you are faced with a Notice of Opposition or even a Notice of Cancellation, our trademark attorneys can assist you in resolving the situation or in fighting for your rights.  Please contact us to discuss your case.