Written by Jan Buza
Co-founder of Trama
There's no one best strategy to avoid trademark oppositions, as your chances will depend on your mark, the marks of your competitors, the number of classes you choose on your application, your country of interest, etc.
However, you can establish your chances and then move from there. First, you can perform a so-called trademark search to find out about other identical or similar trademarks. You can do so by searching the IP office's database or ordering a professional trademark search service. Either way, we recommend discussing the results with an attorney who can summarize both your chances and options.
It's worth mentioning that you cannot fully prevent trademark oppositions, as they result from other trademark owners exercising their legal rights. However, you can either make your trademark less similar to others or prepare a response strategy, which is again something where professional assistance might be helpful.
Should I get a trademark when I start my business, or should I do it later?
In which countries should I register the trademark to sell globally?
What is the most cost effective way of registering a trademark in 5 countries? WIPO or directly?
What does "Name of Living Individual Inquiry" in my office action mean?
If my trademark is rejected for being geographicaly misdescriptive, can I do anything?
Are there any costs if a trademark dispute resolution is reached amicably?
Can I amend the goods and services listed in my application in response to an office action?
What are the chances of opposition to my trademark application?
What does "Mark Description Clarification" in my office action mean?
What are my chances of overcoming a "merely descriptive" trademark refusal?
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.
