Filing Opposition to Trademark

Filing Opposition to a Trademark

Los Angeles Trademark Attorney

Whether you need to block a trademark that could hurt your business or prevent your business's trademark from being blocked, our Los Angeles trademark attorneys at Cohen Law, A PLC, can help you. With a deliberate focus on the most complex forms of business litigation, we can guide you through the process of filing an opposition to a trademark, or the process of preventing a blockage, with confidence.

We are set apart from other firms due to numerous reasons, such as:

  • Super Lawyers® Rising Starsâ„  selections
  • 30 years of collective experience
  • Personalized attention – no cookie-cutter solutions
  • Full-service business law firm right here in Santa Clarita

In most trademark opposition cases, you have just 30 days to file your claim or challenge. You cannot afford to wait any longer to take action. Contact us today.

Why a Trademark Would Be Opposed

By definition, a trademark is any sign, design, or representation that is easily recognizable and is meant to identify a particular product or service. From small businesses to massive conglomerates, a trademark might be the first and last thing on a potential customer's mind when they think about a product. Just the memory of a trademark can be a powerful tool to create revenue and increase a company's popularity.

To this end, you may want to oppose a trademark if it:

  • Is closely similar to your own.
  • Is controlled by a competitor in your field.
  • Is so similar it may cause customer confusion.
  • Poses a potential loss in profits to your business.

For example, a fast food burger joint that uses a golden 'W' on its signs and products would likely have that trademark opposed immediately by McDonald's, who is world-famous for their golden 'M' trademark.

You may want to challenge a trademark blockage if it:

  • Is not similar to a reasonable degree.
  • Represents a product not in competition of the blocking party.
  • Would not readily cause customer confusion.
  • Cannot harm competitor profits by merit of its existence alone.

For example, a shoe company called Walden's could potentially have a golden 'W' as its logo or trademark, and McDonald's would not have a strong claim against it if it wanted to block that trademark. They are not in direct competition, they sell dissimilar products, and a 'W' in this context is not likely to be confused for an 'M'.

A Trademark Can Be the Face of Your Business – Preserve It!

On either side of a trademark opposition case, there is plenty of necessary paperwork and legal statutes that have to be respected. You and the other side will not be the only two parties involved, either, as the United States Patent and Trademark Office (USPTO) and the Official Gazette will also be concerned to some extent with your case. To either uphold your business's right to use a new trademark or uphold your business's right to prevent another from using your own, you should ensure a trustworthy and knowledgeable Los Angeles trademark attorney from our firm has your back.

Call (661) 418-2793today and request your consultation.