Weeks ago, we wrote about the importance of performing a search of antecedents. If you did not read our post, follow this link.
Regardless the result of the search, it can happen that somebody is unwilling to pay attention to it and wants to take the risk or does not care about filing a very similar or even identical trademark. This similarity can be considered from a conceptual, phonetic or visual point of view, for example, using a similar logo or stylization that may confuse customers.
The purpose of filing an opposition is to protect previous owners from a possible case of bad faith. By doing so, an obstacle is created with the purpose of protecting his interests.
It is not that common, but even people who do not have a trademark may oppose. This happens when the application somehow attacks their personal interests.
How can I move forward? To withdraw an opposition, you have to negotiate. The previous owner may ask for a specific limitation or exclusion of products or services or an undertaking that you will not oppose his trademarks in the future or you will only use yours within the scope of the signed agreement.
Do you have any questions? Send me an email to maria@mjaintellectualproperty.com
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