How can I prevent trademark oppositions?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

In simple terms, trademark oppositions cannot be prevented. However, you can undertake steps to decrease the level of risk.

First, to estimate the chances of your application getting opposed, you can search for other existing trademarks similar to your brand. Trademark registries are accessible to the public, so anyone can look up registered or pending trademarks. Bear in mind that your application might be opposed by identical as well as 'confusingly similar' brands operating in the same industry. You can also order a professional trademark search service where an attorney looks up the competition for you and explains what to prepare for.

Once you know the landscape, you'll generally have two options:

  • Preemptively change your application, whether by changing the trademark (brand name, logo) itself or limiting the goods and services listed on the application. It's advisable to consult these changes with an attorney or a lawyer to see if they could pass.
  • Proceed with the filing anyway. This option depends on your level of risk tolerance. It's worth mentioning that receiving an opposition doesn't have to mean your application will get rejected automatically. There are ways in which you can respond to an opposition. However, here we would again advise seeking help from a legal representative.
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