Opposition of a trademark can be a part of the registration and application process. For successful application, basically you are required to do things such as filing up an application, negotiate with the examiner and finally the approval and publishing. If 30 days have past without publication issues, you will be able to obtain a registration certificate.
If a dispute will arise in the registration period, you as the registrant will defend it to ensure that your trademark will be approved. For the part of the interferer, he or she will need to file a trademark opposition or an opposition notice. For some, they extend your registration period for another 30 days before it gets approved. The extension is commonly used by the individual who file the dispute to investigate on the matter further.
The notices are handled by TTAB. They are the board who will send out opposition notices and possible schedule for the deadline. You will then receive it and you are expected to reply immediately.
Right after your response, the department will then decide if your registration will be marked as registered or put on hold. This is the typical of handling oppositions, however it can also be done if both sides negotiate and settle it in their own terms. This is advisable, so that you will not undergo to some lengthy process that might occur.
Always remember that oppositions that are unsettled can be very expensive contingent upon the duration. That is why, you are expected to respond to notices immediately to avoid incurring charges which can go up as high as five figures. To defend your mark, hiring an attorney, is a must.
To prevent this from happening, finding an attorney that specializes in the field is vital. You have to seek someone that knows a lot about the subject and can do some strategic things to save you from it. You have to understand his or her qualifications before hiring one.
Always make sure that you are working with a legit lawyer. You can achieve this by asking some legal documents about his profession. Also, you can go to BAR association in your place and ask for a list of lawyers that specializes on the problem that you have right now. The can surely provide you enough list in where you should consult.
Referrals are always a good thing. That is why if you can find one that can provide you a trustworthy referral is vital. You can have this by asking some of your friends, relatives or co workers. If they cannot provide you any information, then browsing the net and looking for some reviews is also an option.
So, if you have been opposed, then immediately look for trademark attorneys to help you. You can find a bunch of them in Crystal Lake, IL which can also offer you a considerable service fee. Having these professionals on your side will give you an assurance on how you should go over with the case.
Read more about What You Can Do About A Trademark Opposition.
Author: Karina FrostThis author has published 246 articles so far.