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Tuesday, December 30, 2014

How To Avoid Trademark Opposition

By Claudine Hodges


If you are the source of the product being distributed, you would need the protection of a trademark sign to ensure that your rights over that particular product is protected. If there are any infringement issues, you always have the right to take legal action. This is especially true if you have a licensed mark.

When you plan to have this kind of mark, you would certainly need to undergo a legal process. But you have to be cautious about every step that you will make while applying. There are a lot of licenses that were not approved because of trademark opposition by different entities or rejected by the board. If you are stuck in this type of situation, you have to employ the expertise of a trademark lawyer in Crystal Lake, Illinois

There are a lot of grounds in which an application might be contested. If it is too common and the functions are already seen in others, then it can be opposed. There are also others who want to contest it because of fraud. If this is an entity that is already taken, there is a possibility that it could be contested.

Others opposed to an application because if it is approved, it can cause confusion. This will be in cases that there are already products out there with the same function. You can expect court proceedings when this happens and it can drag on depending on how grave and how solid the evidences would be.

In this regard, you need to ensure that you can avoid all this dilemma. There are a few steps that you can take in order to do this. The first thing that you must establish is clarity. Surely, you have your own purpose for wanting a licensed trademark. It is important that you do, otherwise, you would lose. And if you have a goal, make sure that it is clear and specific. General purposes are easily contested and rejected.

If you have a plan of attaining a mark, it would be best if you start the soonest possible time. This is so that you can have more time in planning on what the intent would be and determine the other facets that needs to be covered. You have to concentrate on developing a clear and specific purpose the time that you file your application. Because this would be the basis of the board for accepting oppositions.

All the documentation that is connected to the product in question must be clean. There should not be any loopholes because this will be inspected by the board. In this regard, your lawyer can help you sort through every paper.

You have to be consistent in all stages. There are several steps that you have to take before you can actually obtain the license. That is why you have to be sure that you will maintain whatever purpose that you have set out for your product. Because if you are not going to maintain a consistent stand, you could lose what you have built so far.

Whatever you post online must not detract from your intent to use. This can be one of the grounds for rejection. That is why you have to be cautious of what you put up in the internet.




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