What is trademark opposition and how can it be resisted?
Trademark opposition is a legal process to prevent the registration of a trademark. It is a way for a person or entity to challenge the registration of a trademark that has been applied for by someone else. This is done by filing an opposition against the application in either a federal court or the U.S. Patent and Trademark Office (USPTO). In Washington, trademark opposition begins when an individual or company files an opposition to a pending trademark application. The opposition can be based on legal grounds such as confusion with an existing trademark and likelihood of dilution or the application being made in bad faith. Generally, the person or company opposing the registration is the one who must pay any associated legal fees. Those who wish to resist trademark opposition must first file legal paperwork with the USPTO or with a federal court. This typically includes an answer to the complaint and an associated notice or request. Once the documents have been filed, the opposition will be decided upon in a hearing that both parties attend. In order to successfully resist a trademark opposition, it is important to be prepared. This includes having a strong legal argument as to why the trademark should be registered and understanding the law associated with trademark registration. It is also advised to consult a legal professional for advice and guidance when opposing a trademark application.
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