What is a Trademark Opposition?

So you made it through the trademark examining period.

You get to the opposition period.. thinking you’re in the clear.

Then you receive the dreaded email..

An opposition has been filed against your trademark application.

What exactly does that mean?

“Didn’t the trademark office already approve my application?”

Yes, they did. But the opposition period allows any third party to file an opposition if they believe your mark will harm their brand.

In short, this is essentially a streamlined lawsuit within the trademark office in order to determine whether your trademark should be allowed to proceed to registration.

These proceedings can last 2+ years, but most do not last that long.

Often times, the matter can be settled. However, it’s best to have an attorney negotiate the settlement since there’s usually an attorney on the other side.

If you decide to fight the proceeding without settling quickly, you will have to go through the traditional steps of a lawsuit: initial disclosures, discovery, briefs, and probably different motions along the way.

This is where protecting your brand can get costly, but it is absolutely necessary!

The most important thing to remember is this does not have to be the end of the road for your trademark application.

You can absolutely fight, and chances are, you can negotiate a settlement.

Need help? Andrea Sager has helped many business owners fight an opposition or cancellation. Schedule a call below to see how she can help you with your proceeding.

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