How to Respond to a Trademark Opposition

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

 

Matt:  Hello and welcome back to Trademark Law Radio.  This is Matt Plessner speaking and today we are going to be talking about how to respond to a trademark opposition.  What does that mean exactly?  Well, we are going tell you about that and, of course, beyond.  We are speaking, of course today, once again with Attorney at Law Brian Hall from the Traverse Legal office in Traverse City, Michigan, and also with a new office in Austin, Texas.  Brian thanks a lot again for joining us today.

How to respond to a trademark opposition

Brian: Thanks Matt. Looking forward to it. 

Matt: Now to start off, what is a trademark opposition, Brian?

Brian:  A trademark opposition can come in many forms.  Obviously, if somebody claims to be a trademark owner and disapproves of another’s use of a trademark, they can send a Cease and Desist Letter.  That is a form of trademark opposition.  Obviously, if somebody sues someone in Federal Court for trademark infringement or otherwise, that is a trademark opposition.  But what I am really focus on today is a trademark opposition with the Trademark Appeals Board, which is a particular kind of opposition that is specific to those that apply for and sometimes are successfully in registering a USPTO trademark.  But the trademark opposition specifically asks to be brought within a thirty (30) day opposition window and it proceeds similar to litigation at that point.