What is a trademark notice of opposition?
A trademark notice of opposition is a legal document that is filed to dispute the registration of a mark with the United States Patent and Trademark Office (USPTO). In the state of Washington, if a person or business believes that another person or business is registering a mark that is too similar to one they already own, or that it may be misleading or create confusion in the marketplace, they can file a trademark opposition with the USPTO. A trademark opposition must be filed within thirty days of the publication date of the mark in the Official Gazette, which is a quarterly publication issued by the USPTO. The trademark opposition is filed by the challenging party and includes an explanation of their legal grounds for believing that the registration of the mark should be denied. The opposing party then has a chance to respond to the trademark opposition in a manner approved by the USPTO. After hearing both sides, the USPTO will then decide if the registration of the mark should be denied or allowed. If the opposing party is successful, then the mark will not be registered. If not, then the mark will be registered and the challenging party will have to take other avenues for legal action.
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