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What are my options in case of an opposition?

Written by Jan Buza

Co-founder of Trama

When an opposition is filed against your trademark application, your main options are: defend the application by filing a response and presenting arguments against the opposition grounds, negotiate a settlement with the opposing party, narrow the goods and services list to remove the area of conflict, or abandon the application.

Settlement is often the most efficient outcome. A co-existence agreement allows both marks to remain in use and eliminates the risk and cost of a full hearing. If the conflict is limited to specific classes, withdrawing from those classes removes the basis for the opposition without abandoning the application entirely.

If the opposition is poorly founded or based on a weak earlier mark, defending with legal arguments before the IP office may succeed. A trademark attorney can assess the strength of the opposition and recommend the most appropriate course of action.

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