What if my trademark is refused or opposed by another party?

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You’ve applied for a trademark, and you’re eagerly awaiting a response from the USPTO. You’re certain everything will be okay because you performed an extensive search for pre-existing marks that are the same or similar. You believe your mark is strong, unique, and overall perfect. Then, you get a reply that is not what you wanted. Rather than your application being met with little resistance, it came with challenges and hurdles that you are now trying to figure out how to overcome. 

When your trademark application has been denied, opposed, or met with some other obstacle in the way from getting you an approval, you should consult an intellectual property lawyer. 

Trademark Refusal and Appeals

If the USPTO refuses your trademark application, it is your right to appeal.This is done through a process that requires you to present your appeal to the Trademark Trial and Appeal Board. Like other intellectual property procedures, appealing a trademark refusal is complicated. In general, you want an intellectual property lawyers’ assistance. Our firm has handled many appeals over the last few years. We can explain what is going on and help you to determine whether you should pursue an appeal. 

Opposition from Another Party

If your trademark is accepted, you must clear another hurdle. Each week, the USPTO will publish your trademark in their Official Gazette online. This is a notification to the public regarding your trademark. Once it is published, there is a 30 day period in which the public can object to your trademark. In general, an objection occurs when the mark is similar to another mark and could cause confusion. If this should occur, you would likely need to attend a proceeding with the Board to determine the fate of your trademark. 

Should the 30 day period pass, and there is no objection to it from the public, your trademark will become registered. However, it is possible for a third party to initiate a cancellation proceeding which is similar to an opposition. If you’re in either situation, you may want to ask an intellectual property lawyer for assistance. 

Maintaining Your Mark

Once your mark has been approved and registered, every few years you will need to file various documents with the USPTO. It is also possible, after so long, to ask the USPTO to make your trademark registration incontestable. This is a process that strengthens your mark.

Let an Attorney Help You

Whether you would like to apply for a trademark, file an appeal, or recieve a trademark audit, an intellectual property lawyer can help you. Their services are typically broad, and will include:

  • Trademark search
  • Filing for a trademark
  • Communicating with the USPTO
  • Appeal a trademark refusal
  • Fighting for trademark rights in the event of a dispute
  • Trademark litigation

A lawyer can help you with just about any task related to trademarks and intellectual property. To get started, call a trademark lawyer, like from The Law Offices of Konrad Sherinian, LLC