Back to Oppositions

Is it worth going forward with the trademark registration given the high risk of opposition?

Senior Trademark Attorney

It depends on the specific risk and the alternatives.

If the risk is a well-founded opposition from a mark holder in a directly overlapping class, the practical question is whether the mark can be adjusted to reduce that risk before filing. If rebranding is possible, it is usually cheaper than opposition proceedings. If the mark is commercially fixed and the opposition risk is high, factoring the potential cost of defending an opposition into the decision is important.

If the risk comes from a mark in an adjacent but not directly competing field, the level of actual opposition risk may be lower than it appears on paper. Not every similar mark leads to a filed opposition; smaller holders may not have the resources or awareness to act.

A trademark attorney can give a realistic probability assessment for the specific situation before you commit to filing.

Related questions

Trademark Registration: DIY vs Professional Service

Filing for trademark registration is something anybody can do with a single online application. Many business owners, however, decide to wait with trademark registration because the process can appear quite complicated at first sight. Applying without a legal representative can be a difficult and time-consuming process. Mistakes and errors are easy to make and can lead to weak trademark protection or the rejection of your trademark registration altogether.

Avoid these 5 risks of unregistered trademarks

Many entrepreneurs still consider trademark registration to be the least important step in the process of establishing their brand. This can become a big issue. Not registering a trademark from the start leaves a company vulnerable to potential copycats and other forms of brand infringement that can significantly damage its reputation and hamper growth. Here are 5 main risks associated with not registering a trademark that can be detrimental to your brand

Stories of our clients: Greca

From travellers, for travellers. A simple, yet powerful, motto underpins the convenient services provided by Greca, an online travel agency, founded by Greca Guido Colombo. “Even with a pandemic and a war, people are still trusting us with their dreams” and it is our pride at Trama to help protect this exciting travel agency.