Before filing a trademark opposition, be sure to assess whether you will be likely to prevail. By doing so, you can potentially save thousands of dollars in attorney’s fees and avoid subjecting your brand to unnecessary risks.
The determination of whether to file a trademark opposition to contest a third-party’s trademark application is not always
A trademark opposition may be commenced based on a likelihood of confusion with a prior registered mark. The statutory basis for a likelihood confusion cause of action may be found in Section 2(d) of the Trademark Act.
To prevail on a Section 2(d) claim, the Opposer must prove by a preponderance of the evidence
Over 5,000 U.S. trademark oppositions are filed against trademark applications every year. Often, the opposer is a competitor of the applicant or a company that believes that it would be damaged if the U.S. trademark application were to proceed to registration.
Here are considerations to take into account when determining whether to file a U.S.
A recent trademark opposition decision by the U.S. Trademark Trial and Appeal Board is an example in how an Opposer should properly establish use analogous to trademark use.
In Dexas International, Ltd v. Ideavillage Products Corp., the Opposer filed an Opposition against Applicant’s Mark, SNACKEEZ DUO for “beverage ware; household containers for foods; thermal
A recent trademark opposition is a lesson in what happens when there is a crowded field of similar trademarks.
In Inter-Industry Conference on Auto Collision Repair v. LM Industries Group, Inc., Applicant sought registration of the mark ICAR or land vehicles in International Class 12. Opposer filed a notice of opposition against the ICAR application
Trademark opposition proceedings are contested matters before the U.S. Trademark Trial and Appeal Board (TTAB). The complaint, known as a Notice of Opposition, is filed by the Opposer, who may allege several grounds for refusal of a trademark application. Once the Notice of Opposition has been served upon the Defendant, the TTAB will issue an
When your company is faced with a trademark opposition, there are many misconceptions of what it is and what it is not. Be sure to have a clear understanding of what to expect to help guide your decision making process.
Governing Rules. Trademark oppositions in the United States are heard before the U.S. Trademark Trial
When a brand owner’s trademark application is opposed, there is a helpful checklist that it should consider. By doing so, it will help the applicant assess the merits of the case, and determine the best course of action moving forward. Here are some of the top defenses that can call into question the likelihood of
Carl’s Jr. has prevailed in a surprising trademark opposition before the United States Trademark Trial and Appeal Board.
In Carl’s Jr. Restaurants LLC v. AKM Food Svcs. LLC., the Applicant, AKM filed a trademark application for THE GREEN PEPPER in standard characters, for restaurant services in International Class 43. Carl’s Jr. filed a notice
What happens when a trademark application is opposed and then the Opposer does not follow the rules? In the case of West Indies Trading Company LLC v. Nicole Averette, a quick dismissal that is a lesson in the importance of form over substance.
In West Indies, the trademark Opposer filed a trademark