Ways To Prevent Trademark Opposition

By Claudine Hodges


There are several ways to guarantee that your product rights would be secured. This is so that if ever other people would want to use what is yours originally, they need to purchase or ask permission prior to doing so. If someone tries to use it for their own advantage without consulting your company first, there will be legal consequences that you can administer.

There is a process if you want to avail of the mark. Firstly, you have to apply for it. And if you feel that what you are selling is viable for a trademark. You need to prepare at some point. You also have to be cautious because one mistake can cause a trademark opposition. This is when your application is contested and there is a chance that the license would not be approved. For the business owners in Crystal Lake, you need to have the assistance of a lawyer.

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.

The good thing is that there are actually pointers that you can refer to to avoid this scenario. Oppositions have the ability to delay the process and make it drag longer. That is why you need to make sure that everything from the start to the finish including the purpose for applying is clear. Clarity in this context means that it has to be precise. More general context are usually contested.

There are others who have been aiming to have a trademark licensed. But forget to prepare beforehand. This is one of the reasons for failure. This can easily be solved by starting early. You can envision at first. And then you can plan what you business steps you must take to improve the knowledge of people about the product. This is so that you would have a clear purpose to say at the time of application.

You must look closely at the documents that you have made in connection to the products. This is so that you would not be opposed using your own documents. Since the board would review everything regarding the one you want to have a mark, the documents would normally be included. So you must be extra careful about this and it would be better to employ an expert lawyer.

In every meeting, there must be consistency as well. The board will try to see if your brand is really worth it of the mark. And if you are not consistent with the purpose of having one, there is a chance that it would not be granted. And it is also imperative that in every step you take moving forward, you would be consistent still.

Internet is a good way for you to advertise your products. If you do this, you must be certain that nothing in it would affect your application. You do not want it to be the reason for failure.




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