Trademark Oppositions can be the death ofyour Trademark Application.
And if you're watching this video, you're probablywondering what is a Trademark Opposition in the first place? Well, TrademarkOppositions occur during examination of the Trademark Application.
Examination is Step 4 in the E5 Trademark System.
And specifically withinExamination, there's the examination that occurs in the Trademark Office and thenthere's the examination that occurs through publication of the Trademark inthe Official Gazette for purposes of getting public feedback, and that's wherethe opposition is filed or when the opposition is filed.
Because you'rewatching this video, you're also probably on the receiving end of an opposition.
Well, in my experience, opposition proceedings are actually kind ofpredictable — that is to say if you do your homeworkby doing Trademark Searches and evaluating those searches and filing aproper application, Trademark Oppositions should be fairly rareor it's going to be a decision — a business decision that the Trademarkapplicant makes (you make) based on a hope that your mark will be seen asdistinctive enough and different enough from some other mark that's out theresuch that you won't face an Opposition Proceeding.
And so, why do you not want anOpposition Proceeding? Well, first and foremost, it's the cost.
Itculminates in a mini trial, but it's like litigation.
There is somethingcalled a discovery process that's an exchange of questions and answers anddocuments with the opponent in the Opposition Proceeding.
And and then youhave potential depositions, so this is a trial.
It takes place in Alexandria,Virginia which is just outside of Washington DC at the Trademark Office.
So, ultimately, you have to ask yourself the question:What is it worth to register this Trademark? once you've received anOpposition Notice.
Now, if you're opposing a mark that's been published for opposition, well you're seeking to stop a potentialdilution of a mark that you already have registered or you're seeking to stop acompany from potentially stealing your customers.
Often I see this happen when aformer business partner or former employee is trying to be clever about aspelling of a name or the the look of a logo and trying to push something or sneaksomething through the Trademark Office.
And your Opposition Proceeding gives youthe ability to put a check and a stop on that mark from registering in the eventthat the trademark examiner missed the potential confusion.
Now, in my experience,as long as things are innocent, as long as there isn't a bad intent by a formeremployee, bad intent by a competitor, a bad intent by a former contractor or partner,usually you can get a negotiated settlement that avoids the need for mostof the expensive discovery process and/or the litigation itself.
But thisis a complex process and so what you need to do is give me a call and let'sset up a consultation and discuss your options and get really grounded inthe realities of what this process entails, so that you can make the bestdecisions for you and your business.
I hope to talk to you soon!.