HOW DO I DEFEND MY BRAND FROM OPPOSITION?

SUMMARY
DEFENDING OPPOSITION
Filing a trademark application with the USPTO does not guarantee a favorable result. On occasion, a party may oppose your registration for a variety of reasons. Our specialized attorneys can advise you on how to analyze a threatened or actual opposition to reach the most favorable resolution.
CEASE AND DESIST SCARE TACTIC
Receiving a cease and desist letter can be scary. Unfortunately, some letters are meritless, sent by an overzealous or aggressive competitor or other mark owner. Our specialized attorneys can help you evaluate your options, determine a cost-effective and legally defensible position, prepare a response accordingly.
DEFENSIVE LITIGATION
We’re here to help. Our specialized attorneys can carefully evaluate and craft a strong defense for defending your exclusive rights on a brand you’ve worked hard to build.
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WHAT YOU NEED TO KNOW
TRADEMARK PROTECTION IS CRUCIAL
Not registered? Waiting to register your trademark or service mark until it's too late gives your competition a stronger legal position, leaving your brand vulnerable. Federal registrations are powerful evidence that your mark is distinctive, and your rights are protectable
DON’T WAIT
If you receive an opposition or complaint regarding your trademark, it is crucial that you speak with an attorney quickly to determine the best course of action. Failure to do so could risk the loss of your priority position or other rights in your mark.
COLLECT EVIDENCE
A carefully crafted defensive response can benefit from a demonstration that your mark is in use and valuable. Develop robust use in your mark to show the world that you intend for customers to recognize it as a part of your brand.
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ALSO SEE

USPTO TRADEMARK

INTL. TRADEMARK

FREQUENTLY ASKED QUESTIONS

I’ve received a cease and desist, what should I do?

A Basic Clearance Search provides a review of the registered Trademarks and pending applications that are similar to yours both phonetically and in overall appearance. The Basic Clearance Search is helpful in finding obvious and direct conflicts that may prevent the registration of your proposed mark, or cause potential disagreement with another party down the road.

Do you have to defend a trademark?

The length of the process can vary. Once filed, an application is typically assigned to an Examining Attorney within approximately 3 months. If no conflicts are found and if no third-party protests or opposes the registration, then it is feasible for a registration to be issued 4-6 months after that. Therefore, at a minimum, the registration process will require 7-9 months, but it can require much more time (possibly years) if the Examining Attorney issues a refusal or if a third-party files an opposition to the application.

How do I know whether I'm infringing?

This is often a question requiring careful analysis.  If you have received a demand letter or believe your use might affect others’ rights, it is always best to consult with an attorney specializing in brand protection and enforcement matters.

 

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