How often do trademark oppositions happen?

Many entrepreneurs still consider trademark registration to be the least important step in the process of establishing their brand. This can become a big issue. Not registering a trademark from the start leaves a company vulnerable to potential copycats and other forms of brand infringement that can significantly damage its reputation and hamper growth.

By definition, a trademark needs to display sufficient distinctiveness to identify the origin and ownership of the products and services. That means generic and descriptive words should be avoided at all costs. The landmark case in United States PTO v. Booking.com B.V, however, proves that a generic term combined with “.com” or another top-level domain can be registered as a trademark if there is sufficient evidence of consumer recognition.

Taking a creative spin on an already established and renown brand may seem as a good strategy for devising a name for a startup company but it may backfire. This article summarises one of the contemporary cases in this area, revealing that Airbnb’s trademark protects the company against unexpected threats.