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Someone has raised an opposition against my trademark. What shall I do?

Written by Jan Buza

Co-founder of Trama

The first step is understanding the grounds on which the opposition was filed and assessing how strong they are. The notice of opposition will identify the earlier mark being relied upon and the specific grounds for the challenge.

With that assessment in hand, the realistic options are: respond with legal arguments against the opposition, enter into negotiations with the opposing party to reach a co-existence agreement, narrow the goods and services list to remove the conflicting area, or in limited cases, challenge the validity of the earlier mark being relied upon.

Working with a trademark attorney from the outset of opposition proceedings gives the response the best chance of a good outcome, whether through settlement or a formal defense.

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