What is a trademark opposition proceeding?

A trademark opposition proceeding is a legal process to determine whether or not a trademark registration will be granted in Washington. A trademark is a word, slogan, symbol, or design that identifies a product or service and distinguishes it from others. A trademark opposition proceeding begins when an existing trademark holder, known as the “opposer”, files a formal opposition to a trademark application, known as the “applicant”, to the United States Patent and Trademark Office (USPTO). In a trademark opposition proceeding, the opposer presents evidence that their rights to the trademark are being violated by the applicant’s use of a similar trademark. This can include evidence of previous and current use of the trademark, or evidence of prior knowledge of the opposer’s trademark by the applicant. The USPTO will then consider the evidence presented by both parties, and will then issue a final decision. In some cases, the final decision might be to deny the trademark application, or to allow the registration of the trademark on the condition that it is marked clearly as being owned by the opposer. The outcome of the trademark opposition proceeding is important for both the opposer and the applicant, as a successful opposition means that the applicant’s trademark registration is denied and the opposer will be able to maintain their rights to the trademark.

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What is a trademark opposition proceeding?

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