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Author Topic: Notice of opposition and use in commerce of registered mark  (Read 382 times)


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Here's the situation:

Company A is a foreign company with a trademark used in a foreign country

It registered its mark in the United States under 44d and 44e, so it didn't have to file a Statement of Use to get the registration

It is starting up with use of the mark in the United States, but isn't quite there

Another mark, that may be confusingly similar, is now being published for opposition

The foreign company would like to file a notice of opposition and initiate opposition proceedings

What impact is the possible lack of use of the opposer's registered mark going to have?
3 years have not passed since the registration, so there is no prima facie abandonment of the mark.


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