Trademark Opposition Threat Letter

March 18th, 2011

Sometimes it is called a threat letter, other times called a cease and desist letter, and sometimes even referred to as a notice letter.  Name aside, a letter claiming trademark infringement and threatening to file a Notice of Opposition to a pending trademark application with the United States Patent and Trademark Office (USPTO) can not be overlooked.  The threat of a trademark opposition may be short-lived, since the trademark opposition period is only 30 days (unless an opposition extension is secured), but if acted upon, it can derail any hope of securing a trademark registration.  In fact, a successful trademark opposition will cause the Trademark Trial and Appeal Board (TTAB) to prevent your trademark application from being registered.  This means no registered R symbol, no presumptions, and none of the benefits inherent in an trademark registration.  If you received a trademark opposition threat letter, you need to consult with a trademark opposition attorney who can assess your defenses and analyze your chances of success.  If you believe a trademark application infringes your trademark, you should also consult with a trademark opposition attorney in order to understand both the procedural and strategic steps necessary to successfully file and prevail in a trademark opposition.