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The trademark opposition process occurs after a trademark application has been reviewed and approved for publication by the United States Patent and Trademark Office (USPTO). It allows third parties to challenge the registration of the trademark if they believe it will cause harm to their own brand or business. Here's a brief overview of the steps:
1. Publication for Opposition
Once a trademark application is preliminarily approved, it is published in the Official Gazette, a USPTO publication. From this date, third parties have 30 days to file an opposition or request an extension to oppose the trademark.
2. Notice of Opposition
A party that believes they will be harmed by the registration must file a Notice of Opposition with the USPTO’s Trademark Trial and Appeal Board (TTAB). The Notice outlines the reasons why the trademark should not be registered, such as a likelihood of confusion or dilution with respect to an existing mark.
3. Answer
The applicant is given time (40 days) to respond to the opposition by filing an Answer with the TTAB, addressing the claims made in the Notice.
4. Discovery
Both parties enter a discovery phase where they exchange information, documents, and evidence related to the case. This can include written questions (interrogatories), document requests, and depositions.
5. Trial Briefs
Each party submits trial briefs, which summarize their arguments and evidence for or against the registration of the mark. These briefs are reviewed by the TTAB.
6. Decision
After reviewing the briefs and evidence, the TTAB will issue a decision. If the opposition is successful, the trademark will not be registered. If the opposition is unsuccessful, the trademark will proceed to registration.
The opposition process can be lengthy and costly, but it provides a way for trademark owners to protect their brands from conflicting marks.
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