A “Notice of Opposition” is a legal challenge to a trademark application that has been filed with the United States Patent and Trademark Office (USPTO). The notice is filed by a third party who believes that the trademark in question conflicts with one of their own trademarks or is otherwise ineligible for registration. If you have received a Notice of Opposition, it is important to take immediate action as the outcome of the opposition can impact the future of your trademark application.
Here are some steps you should consider taking if you receive a Notice of Opposition:
Consult with a trademark attorney: It is highly recommended that you seek the advice of a trademark attorney to help guide you through the opposition process. An attorney will be able to review the notice and provide you with a better understanding of the situation.
Respond to the Notice of Opposition: Within a specified time frame, you will need to file a response to the Notice of Opposition. Your response should address the points raised by the opposing party and provide evidence and arguments in support of your trademark application.
Prepare for a possible trial: If the opposing party does not withdraw their opposition, the matter may proceed to a trial before the Trademark Trial and Appeal Board (TTAB). This can be a complex and time-consuming process, so it is important to prepare thoroughly.
Consider negotiating a settlement: In some cases, it may be possible to resolve the dispute through negotiation and settlement. This can save time and money, as well as avoiding the uncertainty of a trial.
It is important to remember that the outcome of a trademark opposition can have a significant impact on your trademark rights and your business, so it is important to take it seriously and take appropriate action as soon as possible.