How to Oppose the Registration of a Conflicting Trademark

Posted by Michael Shimokaji | Aug 11, 2017 | 0 Comments

QUESTION: We have been using a trademark since January 2015. We are selling products with the trademark displayed on packaging and product labels. We also own the trademark domain name. However, we never filed with the USPTO since we were told that it is unnecessary and we would still be protected if we actively using it in commerce. Now, someone filed it and their mark is published for opposition in September. I am planning to have a Notice of Opposition filed as soon as they are published. Any suggestions?

ANSWER: If you have been using your trademark in other states and there is a likelihood of confusion between your trademark and the later used trademark, you can file an opposition. After filing the notice of opposition, the process is similar to a lawsuit.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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