Let’s suppose that your business has filed a trademark application, and it has been approved for registration by the United States Patent and Trademark Office. Does that mean that you now have been awarded a trademark registration? No!
Each and every trademark application that gets approved for registration first must be published in the Official Gazette of the Trademark Office to permit any third-party that believes that your trademark is confusingly similar to their own to oppose your trademark application. This is what is known as a trademark opposition.
In selecting a trademark opposition lawyer, you should keep in mind the following tips:
- Experience – has this attorney represented clients in other trademark opposition cases before the Trademark Trial and Appeal Board?
- Fees – does the trademark opposition attorney represent clients on a flat-fee basis, rather than an hourly rate?
- Philosophy – is the attorney open to listening to your needs and preferred outcomes both in time and expense to your business?
Since trademark opposition cases before the Trademark Trial and Appeal Board (TTAB) fall within the exlusive jurisdiction of the United States Patent and Trademark Office, you may hire a trademark opposition lawyer in any state in the United States to represent your interests before the TTAB. By doing a little homework and asking the right questions, you will better protect your trademark rights and interests.