by Traverse Legal, reviewed by Enrico Schaefer - July 19, 2013 - m. TTAB - Trademark Opposition, Cancellation & Appeal
Anybody who believes a trademark application with the United
States Patent and Trademark Office (USPTO) should not be registered, can file a
trademark opposition. A trademark opposition is a proceeding before the
trademark trial and appeal board that allows the opposing party to argue that a particular trademark
application's registration would harm them. There are various basis for a
trademark opposition, such as priority and likelihood of consumer confusion,
fraud, or other reasons. While a trademark opposition proceeding, which
commences with a notice about opposition, can become a resource intensive
endeavor, there are other ways for potential opposing parties to try and
resolve trademark disputes.
In particular, rather than filing a notice of opposition,
one may file a request for extension of time to oppose a trademark application.
Anyone may do so as a matter of right and get a thirty day extension to the
statutory thirty day opposition period. During that time, the entity who
believes it may be harmed can try to contact the trademark applicant and
resolve the matter amicably. This may require abandonment of the trademark
application, disclaimer of certain portions of the trademark application, or
other terms. Nonetheless, filing an extension of time to oppose a trademark
application lets the trademark applicant know that there is a potential issue
and that you are serious. In the event that you choose not ultimately oppose,
or otherwise have resolved the matter, you will not be stuck in an opposition
proceeding.
The trademark
attorney can advise someone who feels a trademark will harm them of the
legalities associated with an extension of time to oppose, a trademark
opposition, and related trademark matters. Should you discover a pending
trademark application with the USPTO that is soon to be or is in the opposition
period, you would be well served discussing your options with a trademark
lawyer. Should time become a concern, you should recognize that an extension of
time to oppose a trademark application is always a good option to consider.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
