What do I do if a pending trademark is identical or suspiciously similar to my already registered mark?

24 October, 2018

If you come across a trademark in the process of being registered with the USPTO that may cause confusion among customers due to its being identical or suspiciously similar to your own registered trademark, there are multiple courses of action. One common option is to file an opposition notice with the USPTO. For every pending trademark, there is a 30-day period in which the public can object to the registration of the mark by filing an opposition notice explaining why the mark should not be registered. Once received, the owner of the application has 30 days to respond with an answer. The Trademark Trial and Appeal Board will conduct a proceeding, which is like a mini-trial based on written records, issuing a final decision. Learn more here.