When a Similar Trademark Causes Confusion
If you own a trademark in New York‚ and someone else has applied for a trademark that is likely to be confused with your own‚ you may choose to file an opposition to the confusing mark. According to the United States Lanham Act‚ you may contend that:
"The applicant's mark consists of or comprises of a mark which so resembles a mark registered in the United States Patent and Trademark Office (USPTO)‚ or a mark or trade name previously used in the United States…as to be likely‚ when used on or in connection with the goods of the applicant‚ to cause confusion‚ or to cause mistake‚ or to deceive."
Therefore‚ if you do feel that an applicant's trademark may cause confusion with your own‚ you may choose to oppose the trademark by filing a Notice of Opposition with the USPTO.
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.
By Charles Internicola November 14, 2010
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