Trademark Opposition Attorney and TTAB Oppositions

A Trademark Opposition Attorney often becomes relevant in the United States when a Trademark Application is published for opposition by the USPTO.  This is commonly known as the “opposition period”.  In other words,  if the examining attorney has no grounds for rejection and finds that the trademark application is registrable, the application is then published for opposition in the Trademark Official Gazette.  The publication process and opposition period allow third parties the opportunity to “oppose” the trademark application.  When third parties actually “oppose” a trademark application, an opposition proceeding is initiated before the USPTO’s Trademark Trial and Appeal Board (TTAB).  At which point, a Trademark Opposition Attorney is often hired by each of the parties involved in the opposition proceeding.  Trademark Mark Opposition Attorney’s are attorney’s, who have experience with opposition proceedings and litigating matters before the USPTO’s TTAB.

Why May a Trademark Owner Start a Trademark Opposition Proceeding?

If a party believes that they will be harmed by the registration of the trademark application, the party can initiate a trademark opposition proceeding by filing a notice of opposition.  The notice must set forth the grounds for opposing the trademark application, and a filing fee is required.

What is a Trademark Opposition Proceeding?

A trademark opposition is a formal proceeding held before the Trademark Trial and Appeal Board (TTAB).  It is similar to a trial, but it is before the TTAB and not in a federal court. TTAB is operated by the USPTO, a regulatory agency.  The record is in written form, and witnesses will not have to appear in court.  The sole issue that is decided by the TTAB is whether the trademark application can be registered in view of the evidence and argument provided by the opposing party.  Issues such as infringement and right to trademark use are reserved for federal courts, and are not decided by the TTAB.  A more detailed explanation of a trademark opposition proceeding is discussed here.

Is a Trademark Opposition Attorney Necessary?

Trademark Opposition Attorneys are not necessary, but as with any form of litigation being represented by an experienced legal practitioner can be beneficial and more efficient to all parties in involved.  Experienced Trademark Opposition Attorneys have knowledge of Trademark Law and the procedural processes associated with litigation before the TTAB.

How Much Does a Trademark Opposition and Hiring a Trademark Opposition Attorney Cost?

A trademark Opposition Proceeding typically costs less than an action in federal court.  However, the opposition can cost tens of thousands of dollars through discovery, and even more if the matter goes to the briefing stage. The cost of hiring a Trademark Opposition Attorney varies based on the length and complexities associated with a particular opposition proceeding.  Most Trademark Opposition Attorneys charge an hourly rate.  It is important to consult with a Trademark Opposition Attorney individual to discuss his or her hourly rate.

Typical Goals of The Parties Litigating in a Trademark Opposition

Trademark registration is the ultimate goal for trademark applicants.  Trademark registration may occur by litigation or settlement.  On the other hand, the goal for the opposer is to sustain the opposition.  Our Trademark Opposition Attorney advocates settlement where a certain result can be had without going through the expense of litigating the matter to its end.

Our Trademark Opposition Attorney May be of Help

Counsel for Esquire Trademarks has represented parties on both sides of a trademark opposition proceeding.  We have represented clients located in Pennsylvania, California, New York, and Manitoba Canada.  Counsel has litigated against large multinationals for our clients.  EsquireTrademarks has locations in Scranton, Allentown, and Philadelphia.

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