Once someone opposes the registration of a trademark with the United States Patent and Trademark Office (USPTO)‚ and the Notice of Opposition is filed‚ the USPTO's Trademark Trial and Appeal Board (TTAB) will send a Notification of Opposition Proceeding to both the trademark applicant and the opposing party. According to the USPTO‚ this notification:
"Shall identify the title and number of the proceeding and the application involved and shall designate a time‚ not less than thirty (30) days from the mailing date of the notification‚ within which an answer must be filed."
However‚ in a trademark opposition proceeding‚ the defendant (applicant) does not have to file an answer to the Complaint until they receive the Board's Institution Notice and Trial Order‚ which sets the time for filing an answer‚ which is generally forty (40) days from the mailing date of the Notice of Opposition.
If you choose to oppose a trademark that is confusingly similar to your own‚ you will have to challenge that trademark's registration with the USPTO. To do so‚ you can get the professional help of a New York trademark lawyer. In a trademark opposition claim‚ a New York trademark lawyer can represent your legal interests.
If you are an entrepreneur who is interested in franchising your business there is a lot you need to know‚ including the significance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time‚ get New York trademark lawyer Charles N. Internicola‚ Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide.