Written by Tomas Orsula
Senior Trademark Attorney
The realistic options are negotiate a settlement, defend against the opposition, narrow the goods and services list to remove the conflict, or abandon the application.
Negotiating a settlement; either a co-existence agreement or a consent to registration; is often the most efficient resolution. If the earlier mark holder is open to it, this eliminates the uncertainty and cost of adversarial proceedings.
If the opposition is poorly founded; the marks are not genuinely similar, the goods and services are different, or the earlier mark is weak; defending with legal arguments before the IP office may succeed.
If the conflict is limited to specific classes, withdrawing from those classes removes the basis for the opposition while preserving registration in the remaining classes.
What does it mean if a trademark is 'published for oppositions'?
Can I establish the chances of my trademark being opposed by running a trademark search?
Can my competition oppose the registration if they have a trademark in a different class?
Can my competition challenge my trademark after it is successfully registered?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
