Trademark Office Actions & Oppositions
When filing a trademark application, it's not uncommon to receive a notice from the USPTO called an Office Action (OA). This is essentially a response from the examining attorney after they've reviewed your application. It could flag potential issues with your mark, such as similarity to an existing registered mark, or simply ask for clarification on certain elements. This can be a confusing and stressful process for any business owner, but an experienced trademark attorney can help navigate the waters. With my expertise, I can assist in drafting a proper response that addresses the concerns brought up in the office action, or even refile the application if necessary.
There is a second potential hurdle posed by a trademark registration. It is called a trademark Opposition and it is a legal proceeding that can occur during the trademark registration process and after your application has been preliminarily approved by the trademark examiner. It's essentially a challenge to the trademark application by another party who believes that there will be confusion between their mark and yours. This can be a complex process and one that requires the advice and guidance of an experienced trademark attorney as well.
I can help my clients navigate the Opposition process, understand the legal arguments in play, and ensure that my clients' mark has the best chance of gaining protection. I can also help to negotiate a settlement, if necessary. Ultimately, having an experienced trademark attorney by your side is vital to protecting your brand and ensuring its continued success. By working with Intellequity through the entire application process, you can be assured that your application will have the greatest chance of success.
Read below for more detailed information on Office Actions and Oppositions, or book a free 15 minute general information consult or a 1/2 hour detailed low cost consult that fits your needs. Expect exceptional service and legal work you can always rely on.
Trademark Office Actions
If the examiner believes there is something wrong with your trademark application, it will notify you of the issue, and you will be required to respond within a specific timeframe. Typical objections by the examiner, known as Office Actions (OA), include a 2(d) refusal under likelihood of confusion with another mark, invalid specimen provided, your mark is merely descriptive and cannot function as a trademark without more proof, and a request for some type of disclaimer. Failure to respond in the time indicated, or failure to request an extension of time, will result in your application being deemed to be abandoned.
When you receive an office action in response to your trademark application, it should be a cause for concern. However, with the help of an experienced trademark attorney, like Intellequity, I can respond timely and effectively. I will research and craft persuasive legal arguments based on Trademark Manual of Examining Procedure rules and legal precedent. In the response, I will address any issues raised by the examining attorney. My goal is to convince the USPTO that your trademark is eligible for registration. With my approach and guidance, you can navigate this process with confidence, knowing that I will protect your interests and help you achieve your desired outcome.
Read more information below on trademark Oppositions. Ready to talk? Book a low-cost consult today!
There is a second potential hurdle posed by a trademark registration. It is called a trademark opposition and it is a legal proceeding that can occur during the trademark registration process and even after your application has been preliminarily approved by the trademark examiner. It's essentially a challenge to the trademark application by another party who believes that there will be confusion between their mark and the new one.
Once the trademark application has been approved by the examiner, the mark is required to be published in the Official Trademark Gazette. The purpose of publishing the mark is to allow interested outside parties to object to any proposed registration. Each addition is published weekly on Tuesday, and it will remain published for thirty days, in most cases. During this time, anyone who indicates to the USPTO that they will be harmed by the registration of such mark can file an Opposition. Once filed, the applicant of the proposed mark receives notice of the Opposition.
During the process, settlement negotiations may occur between the parties involved. However, if a settlement cannot be reached, persuasive legal arguments will need to be presented to the Trademark Trial and Appeal Board to demonstrate why the trademark registration should not be denied. If you have received a notice of Opposition, It's important to have a clear understanding of the opposition process and to work with a skilled attorney, like Intellequity, who can help you through the process.
Receive a trademark Opposition and ready to talk? Book a low-cost consult today!
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