Continue reading to learn whether you have legitimate grounds to initiate a trademark opposition case and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can serve as your representative during this critical time.
What is the meaning behind a trademark opposition case?
The USPTO finds that it is more ideal to prevent an applicant’s acquisition of trademark rights rather than granting them these rights and then extinguishing them due to contention and other extenuating circumstances. For this reason, they provide third parties, like yourself, the opportunity to initiate a trademark opposition case.
When making this case, you are essentially fighting to prevent the registration of the applicant’s mark in the first place. Of note, such a case is heard before the USPTO’s Trademark Trial and Appeal Board (TTAB). This Board, comprised of experts in the trademark field, will look at all the facts of the matter presented in your case to decide whether the applicant ultimately possesses the right to gain registration ownership.
Further, if the Board rules that the mark is not registrable, they may issue a refusal. This decision may be appealed to the Board. But if the applicant takes no further action, their application may be deemed abandoned. On the other hand, if the Board decides that the mark is registrable, they may later publish it in the Trademark Office Gazette, along with its associated products and services, usability dates, and other relevant information.
Do I have potential grounds for a trademark opposition case?
Now that you understand the purpose of a trademark opposition case, you may wonder whether you have legal grounds to pursue one. Well, there are two types of opposition grounds: relative grounds and absolute grounds. Relative grounds have to do with the fact that an earlier trademark right already exists. Then, absolute grounds mean that there is a problem with the new trademark itself. Below are more specific examples of each:
- Relative grounds:
- You may believe that the new trademark is too similar to yours and will likely cause confusion amongst potential customers.
- You may believe that the new trademark is too comparable given the products and services it covers and the trade channels it uses.
- You may believe that the new trademark is too offensive and will likely tarnish your mark’s reputation in the marketplace.
- Absolute grounds:
- You may believe that the new trademark is too descriptive of the products and services it covers.
- You may believe that the new trademark is too generic for the products and services it covers.
- You may believe that the new trademark is too deceptive of the products and services it covers.
In conclusion, if you are ready to make matters right, please retain the services of a skilled Essex County, New Jersey intellectual property lawyer as soon as you can. We at The Ingber Law Firm look forward to receiving your outreach.