Francelina M. Perdomo Klukosky, Esq.
Manhattan, NY: (212) 980-7206
Trademark Opposition
Trademark Opposition Lawyer NYC - Francelina M. Perdomo Klukosky of Perdomo Law
Trademark Opposition Law Firm, Perdomo Law in Manhattan New York, NY
Companies rely on trademarks to make their products and services more noticeable. A cleverly designed trademark can make a company instantly recognizable to its audience. Trademarks sometimes become part of a logo while others remain separate. The use of these branding designs by another company can confuse consumers and cause many legal issues. The potential confusion for consumers is why the United States Patent and Trade Office (USPTO) allows people to voice opposition to a proposed design before registration.
What is Trademark Opposition?
Trademark owners complete an application with the USPTO to register their design. Registering makes the trademark their legal intellectual property. The legal ownership of the marketing tool prevents others from using the owner's reputation and popularity to sell unrelated goods and services. The USPTO reviews the application and researches the originality of the image before they proceed. Applications that pass their critique are published for opposition so the public can review the trademark.
Trademark opposition occurs when someone sees the published notice of the pending trademark and has a valid reason for not allowing its registration. It is only possible to oppose a trademark if the person or company filing the opposition has a legitimate reason for not allowing the approval to continue. Oppositions usually involve trademark theft or duplication but can also happen when someone thinks the design is offensive or misleading in some way.
Other possible reasons for the opposition could include the trademark appearing too generic or suggesting the company has a link to another business. All opposition claims must happen within 30 days of the publication.
Intellectual Property Francelina M. Perdomo Klukosky Lawyer Quoted in Forbes.com
How Does Trademark Opposition Work?
A Trademark Opposition Lawyer can help someone to file a claim with the USPTO. A notice of opposition allows the filer to mention the trademark in question and explain why they oppose the design registration. The USPTO will notify the applicant of the filing and allow them 30 days to respond to the opposition.
Applicants need to explain at a Trademark Trial and Appeal Board
(TTAB) hearing why the opposition is invalid. The opposition filer must also present their evidence or reasons to the board for their claim. An attorney can represent their client in front of the TTAB if preferred.
It is necessary to submit all to the other side during the discovery period before the hearing. The board only takes into consideration the previously-shared material. The TTAB will decide the case based on the evidence. The registration filer or the person filing the opposition can appeal the decision if they disagree.
Who Can Oppose a Trademark?
Anyone who has a genuine personal interest in preventing the registration of a trademark can file an opposition. The most common reasons for opposition are usually complaints from those who own a similar trademark. Other common reasons are when the trademark uses a word or phrase identified with another business and when the mark contains wording or images that seem to demean or oppress others. The USPTO considers many reasons valid, so contact a lawyer to discuss any documented proof and see if enough exists to stop the registration.
How do You Fight Trademark Opposition?
When someone opposes a trademark it will cost the registration filer a lot of time and money. Some oppositions succeed, but it is possible to settle a dispute when the complainant has a valid argument. Stay aware of all deadlines and attend all meetings and hearings related to the case. A Trademark Opposition Attorney can help filers who experience delays by an opposition.
Thoroughly read any documents sent from the USPTO regarding the complaint and submit all responses within the required time. Oppositions can take a few months or a few years based on the information presented at the hearing. It can also depend on the determination of those involved to win the case. Those who provide the most detailed and complete proof of the legitimacy of their case will resolve the conflict sooner.
When Should You Contact a Trademark Opposition Lawyer?
Ideally, people should hire a lawyer with an understanding of the trademark process before filing for registration. Every stage of the registration process is confusing, and any omission or mistake can result in a denial. Those that did not get a lawyer should hire one once they receive the notification of the opposition. An experienced lawyer can make it easier to prepare before the mediation or any hearings begin.
A trademark opposition law firm can also help those with a legitimate reason to oppose a trademark registration. Contacting legal help should happen quickly because of the limited amount of time the USPTO allows for complaints. It is possible to halt a registration before it reaches the publication stage. Contact a lawyer with proof of the illegitimate use of a trademark or whatever reason there is for the registration to stop.
Contact Trademark Opposition Attorney, Francelina M. Perdomo Klukosky for a Case Assessment
Lawyers with experience with trademark regulations and oppositions have a better chance of getting their clients the result they need. The staff at Perdomo Law have that experience. During a case assessment, the law firm reviews the information to determine if fraud charges are necessary. They can also review any fraud complaint against their client. The attorney will then make a recommendation on how to proceed with the case. Contact the Perdomo Law Firm for more information about trademark fraud..
Please contact us for a case assessment.
Additional References
Perdomo Law
1270 Avenue of the Americas
Suite 2005
New York NY 10020
Phone: (212) 980-7206
Suite 2005
New York NY 10020
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