What is a trademark notice of opposition?
A trademark notice of opposition is a document filed with the United States Patent and Trademark Office (USPTO) to oppose or oppose registration of a trademark. The USPTO allows individuals and companies to register trademarks with the government in order to obtain exclusive rights to those marks. If someone believes a trademark they oppose is confusingly similar to one they’ve already registered, they may file a trademark notice of opposition with the USPTO. To file a trademark notice of opposition in Massachusetts, a party must submit a written brief to the USPTO which outlines why they are opposing the registration of a trademark. This usually includes evidence that demonstrates that the proposed mark is similar or identical to one they’ve already registered. Written briefs should also provide evidence of how the proposed mark will create confusion in the marketplace. The USPTO will then review all evidence submitted with the notice of opposition to determine if there is a likelihood of confusion between the marks. If the USPTO determines that confusion is likely, the proposed mark will not be registered. The opposing party may also be required to submit additional evidence supporting their position. In Massachusetts, a trademark notice of opposition must be filed within a certain period of time. This period, which varies depending on the type of trademark being opposed, usually lasts between 30 to 90 days.
Related FAQs
Can I register a trademark in more than one country?Can I register a trademark for a design or logo?
What is dilution by blurring and how can it be prevented?
How can I protect my trademark from counterfeiters?
What is the Madrid Protocol and how can it help me register trademarks internationally?
Are domain names protected under trademark law?
How can I protect my trademark against cybersquatting?
What is a trademark cancellation proceeding and how can it be avoided?
What is the difference between a trademark and a service mark?
What is trademark genericide and how can it be prevented?
Related Blog Posts
Understanding the Basics of Trademark Law - July 31, 2023The Most Common Questions About Trademark Law - August 7, 2023
Protecting Trademarks in Canada: What You Need to Know - August 14, 2023
Trademark Law: How to Protect Your Intellectual Property - August 21, 2023
Avoiding Common Mistakes When Registering Trademarks - August 28, 2023