Navigating Trademark Opposition: Is It Worth the Fight?

Navigating Trademark Opposition: Is It Worth the Fight?

09-20-2024

 

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Any idea, what can be done , if your trademark application is opposed?

Yes, it can be disheartening to receive an opposition to your trademark application-especially after the USPTO had in the first step approved your mark. It's time to make some tough decisions. Such as whether the trademark opposition should be defended or not?

Well, this post encompasses few key questions to be considered:

How much do you care about registering your trademark?

How much would a trademark opposition cost? only if there is an interest in defending your application for trademark.

Are there ways to minimize the cost and length of time of a trademark opposition?

Major trademark oppositions will consist of likelihood of confusion grounds for opposing the registration of an applied for mark. Thus, trademark opposition defendants should consider any effectual defenses for arguing against the probability of dilemmas.

On the other hand trademark applicants should also keep an eye, whether the opposition has earlier trademark priority for instance- earlier use or a priority date).

Is a trademark registration worth fighting/defending for?

The cost benefit perusal would be wise in deciding whether or not to defend a trademark opposition. Take into consideration the potential essence of a trademark registration, not only for the current goods or services, but also for future and upcoming products that can be launched under the same mark.

Having a first registration paves the way for future applications for the same mark on expanded product lines.

If you surrender your opposed trademark application, take into consideration the opportunity cost of any future registrations for the same marks. Would you be giving a potential family of trademark registrations, thereby letting go the power to obstruct others from registering similar marks in the similar field as your trade9?

Is a trademark registration worth fighting for?

A cost benefit analysis would be prudent in deciding whether or not to defend a trademark opposition. Consider the potential value of a trademark registration, not only for the current goods or services, but also for future products that you may want to launch under the same mark.

Owning a first registration paves the way for future applications for the same mark on product lines which are extended.

Conclusion

If you surrender your opposed trademark application, consider the opportunity cost of any future registrations for similar marks, because it has the power to pave the way for the future products, and also has the power to block others from registering similar marks in the same field as your business.

 

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