Here's how you successfully file an opposition


Do you already have a registered trademark to which the published mark is either identical or confusingly similar?

As ‘confusingly similar’ the law regards words that are so similar that the public may confuse them. They can be either visually similar (like "POJO" vs. "P010"), or in terms of their sound (like "Baidu" vs. "Bye-Doo").

Even if you have no registered mark, you may be able to successfully oppose if you actively use the brand, or your company name is the brand you are using.

When was it registered?asd

Please tell us how you use the brand

Are your products carried by a large online retailer?

If you have evidence that your products are listed with a large online retailer like Amazon.com, you have a pretty good chance in establishing your branding rights.

Are you able to prove the following:

If you have no registered trademark, then there is a high burden of prove that you need to meet. Please let us know what you can provide:

Are your products carried by a large online retailer?

If you have evidence that your products are listed with a large online retailer like Amazon.com, you have a pretty good chance in establishing your branding rights.

Do you have any suspicion or knowledge that the filer of the mark knew about your brand and filed it anyway?

The legal concept of ‘Bad Faith’ applies if somebody applies for a trademark knowing that somebody else is already using the brand. Bad faith is a grounds for the (trademark office name) to deny the registration, however there needs to be a convincing explanation.

Seems that your case would need some looking into. The Trademarkers attorneys have the experience with these cases and often take just a phone call of discussion. You can also submit the documents in the description you have before (such as website, brochures, financials, etc.) at least 24h before the scheduled consultation.

Seems like your case is pretty straightforward: With submission of proof that you have a valid trademark registration covering the same (or a very similar) brand in the same classes, the opposition is straightforward and does not require lots of evidence.

TRADEMARKERS can handle the professional filing of the opposition based on a PRIOR REGISTERED TRADEMARK or TRADEMARK RIGHT for a flat fee of $399.00 (plus government fees)

Filing of Opposition (based on prior use) $399.00

This flat rate requires that you provide all documents to our attorney that evidences your use, such as:

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Start your Trademark Study today!

This report is optional but highly recommended.
Before filing your trademark, it is important that you evaluate possible obstacles that may arise during the registration process. Our Trademark Comprehensive Study will not only list similar trademarks {graphic/phonetic} that may conflict with yours, but also give you an Attorney's opinion about registration possibilities.