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[dapperdan]

Hi,

If your trademark has recently been registered but now has an opposition filed against it, if the opposition is successful, does that mean that I have to do business under a different name?

Thanks,

[Spielman]

Dapperdan,
Some clarification is necessary. Your trademark is likely not registered if someone was able to file an opposition. Instead it is likely that it was published for opposition, and if no had opposed it then it would have been registered. Semantics aside, if you lose the opposition, then the only actual result is that you lose the trademark registration. The opposition proceedings only address whether the mark can/will be registered.  Whether or not you continue using the business name is up to you. There is a possibility that the opposing party may send you a cease and desist letter or commence a lawsuit, depending upon the nature and extent of use of your business name/mark. Hopefully your attorney has explained this information to you regarding your options in the opposition. Good luck.

Darren Spielman
www.ComplexIP.com

[JSonnabend]

Hi,

If your trademark has recently been registered but now has an opposition filed against it, if the opposition is successful, does that mean that I have to do business under a different name?

Thanks,

Not in and of itself.  All it would do is prevent your registration.  Of course, the opposing party would likely follow its successful opposition with a demand that you cease using the mark.

- Jeff

[chugan]

Hi,

If your trademark has recently been registered but now has an opposition filed against it, if the opposition is successful, does that mean that I have to do business under a different name?

Thanks,

Did you mean a cancellation?

If so, your registration is unaffected at this point.


Chris
http://nashbillies.wordpress.com/

[JSonnabend]

Darren and Chris are correct, I missed that.  Ultimately, the substantive conclusion is the same.  If another party successfully opposes or cancels your registration, then that party's next step may be to ask (or demand) that you stop using the mark.

- Jeff