Opposition against a trademark in USA

Legal Support in the Trademark Opposition Procedure in the USA

Our law firm offers you comprehensive and competent legal support in the opposition procedure against the registration of trademarks in the United States. If you are concerned that your existing trademark rights may be violated by the registration of a new trademark, you have the option to file an opposition to effectively safeguard your business interests.

Deadlines for Filing an Opposition

In the USA, oppositions must be submitted within 30 days after the publication of the contested trademark in the Official Gazette of the United States Patent and Trademark Office (USPTO). Adhering to this deadline is crucial, as a late submission can result in the loss of the right to contest the registration. Therefore, prompt action is essential.

Common Grounds for Opposition

There are several common grounds that may justify an opposition:

• Likelihood of Confusion: This is the most frequent reason for an opposition. If the new mark is similar in sound or appearance to your existing mark, it could lead to confusion among consumers, negatively impacting your brand and sales.
• Prior Use: If you have used your mark prior to the registration of the new mark, you can assert your prior use. This, however, requires proof of earlier use, which can be demonstrated through documents such as invoices, advertising, or sales records.
• Insufficient Distinctiveness: A mark that is too generic or not sufficiently distinctive may not be considered protectable. The USPTO does not recognize marks that are merely descriptive or have no specific relation to the goods or services offered.

Process of the Opposition Procedure

The entire opposition process can take several months, depending on the complexity of the case and the processing time of the USPTO. After the opposition is filed, the applicant has the opportunity to respond to the arguments presented. We will keep you informed about all important developments during the entire process and assist you in responding to inquiries from the USPTO.

Our Services for Protecting Trademark Rights

• Comprehensive Assessment of Success Chances: We provide a detailed analysis of the likelihood of success for your opposition, including examining existing marks and evaluating potential confusion risks.
• Preparation of Required Documentation: We handle the legal documentation necessary for your opposition, including carefully drafting arguments and attaching supporting materials.
• Strategic Legal Advice: We assist you in developing a tailored strategy for defending your trademark rights and provide valuable insights into best practices.
• Complete Representation in the Procedure: We manage all aspects of communication with the USPTO, including submissions and responses to any inquiries. We ensure you are kept informed about the status of your opposition at all times.

Free Initial Assessment to Analyze the Legal Situation

We offer you a free and non-binding initial assessment of your legal situation. This analysis allows us to evaluate your options and provide strategic recommendations for the next steps. Your inquiry will, of course, be treated confidentially.

If you need further information or support in other countries, please do not hesitate to contact us. We are always here to assist you and look forward to helping you.