As a small business owner in Texas, you work hard to protect the intellectual property of your company, so when you see a competing company infringing, you need to spring into action. The public needs to know that a particular product or group of products is yours, but how do you accomplish that?
What is a trademark filing?
Sometimes small businesses become so wrapped up in developing and marketing their product lines that they don’t take the necessary steps to file a trademark. Suddenly, a rival has filed for a trademark for the product you have developed. In other words, your rival has claimed that your product is theirs and that they developed it. Is there anything you can do? Trademark law allows businesses to file a trademark opposition if you can show that your company will be affected by the outcome of the case. If your business is known for a particular product, you have common law trademark rights.
Why trademark registration is important
Registering a trademark gives a company validity regarding their product or service offering. Businesses opposing a trademark opposition must file their complaint with the United States Trademark Trial and Appeal Board (USTTAB) within 30 days of the trademark filing. The filing must contain allegations of how your common law trademark will be harmed through the filing.
Trademark opposition practices
Companies can file their trademark opposition with the USTTAB online. However, many cases involving trademark law can be complicated. When filing an opposition, your complaint must be in a specific format and should include the necessary elements that prove how your company will be harmed if the trademark proceeds. Retaining legal professionals experienced in trademark filings and oppositions can help make for a stronger case to protect your company’s brand.