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How can I prevent trademark oppositions?

Written by Jan Buza

Co-founder of Trama

Opposition cannot be completely prevented; any party with standing can file within the window regardless of the strength of their case. What can be reduced is the probability of a well-founded opposition.

The most effective preventive steps are conducting a thorough trademark search before filing and selecting a sufficiently distinctive mark. A search identifies existing registrations that could form the basis of an opposition; knowing about them before filing allows you to adjust the mark or classes to reduce the risk. A distinctive mark creates less overlap with earlier registrations and is less likely to be targeted.

Narrowing the goods and services list to the categories genuinely relevant to the business also reduces the number of earlier mark holders who could have grounds to oppose.

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