Given the high risk of opposition for my trademark, should I continue with this brand, or try to rebrand?

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Written by Tomas Orsula

Senior Trademark Attorney

The answer depends on multiple factors.

First, the actual risk of opposition depends on your potential opponent - whether they are a big company, whether their marks are well known, whether your lists of goods and services coincide, etc. A smaller company might not have the intention or resources to go into offence and challenge your application.

However, if you account for these factors and the risk of opposition is still high, it is worth considering rebranding. Opposition proceedings are costly, and in many jurisdictions, the winning party may request the reimbursement of some of the costs.

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