How do I oppose a trademark application?

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Once the examination period of a trademark application is completed, a US Patent and Trademark Office (USPTO) examining attorney publishes the mark in the USPTO’s online Official Gazette. This action commences a 30-day period wherein the public can file oppositions against the trademark registration. If you have a personal or business interest and can demonstrate that the proposed trademark will adversely affect you or infringe upon your existing mark or property rights, you have the opportunity to halt the registration process. This opposition mechanism is crucial in ensuring that commercial marks are genuine, distinctive, and reduce consumer confusion in brand selection.

Opposition to a trademark application can be filed for various reasons, including:

• The mark being generic and not distinctive.
• The mark being descriptive in terms of physical appearance or geography rather than being unique.
• The mark creating social concerns.
• The mark being potentially misleading.
• The mark potentially diluting the distinctiveness of another existing mark.

To oppose a trademark registration, you need to file a Notice of Opposition with the USPTO. This document should clearly state the reasons why the USPTO should not register the mark in question. Following this, the trademark applicant has 30 days to respond to the opposition. The Trademark Trial and Appeal Board (TTAB) will then schedule a date for the proceedings. Given the legal intricacies of trademark opposition hearings, it is advisable to seek the expertise of a trademark attorney to file a Notice of Opposition and navigate the legal process effectively.