Trademark Oppositions & Cancellations

The trademark application process does not end once the USPTO is ready to approve it. Once a trademark examiner reviews your application and believes that you have a valid trademark, the mark is then published in the USPTO’s Official Gazette. This is a public document that is meant to give any potential competitors a chance to review your trademark. Competitors can file an opposition if they believe that your trademark will negatively impact their business.

Once the trademark is published, competitors have 30 days to file an opposition. The vast majority of trademarks go through this process unopposed, but some result in other parties contesting the registration. If this occurs, the owner of the potential trademark must respond in an appropriate manner, which differs in every situation. A response can be anything from a general statement to a settlement.

A cancellation is similar to an opposition, but cancellations only apply to trademarks that have successfully completed the registration process. Cancellations also require a prompt response from the trademark owner and might result in a hearing before the Trademark Trial and Appeal Board.

Both oppositions and cancellations could result in a lengthy legal process. These processes can significantly delay the registration or use of a trademark. With the right legal assistance, these issues can often be resolved before a hearing is necessary through an effective initial response or a settlement. Contact Harrigan IP to learn more about how we can help with issues surrounding trademark oppositions or cancellations.