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Trademark Coexistence May Become a Necessity As Market for Trademarks Grows
No ordinary trademark applicant wants their application opposed. Trademark publication can be an anxious part of the application process, with fear of aggressive opposition and costly proceedings looming in the background for 30 days. Rightly so, as this is sometimes exactly what happens. But many oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with the opposer that can ultimately be helpful in nonobvious ways.
In addition to the well-known benefits of opposition settlement through trademark coexistence, carefully negotiated coexistence agreements between and among less distinctive mark owners can help build a stronger network of protection and defense than might otherwise be accomplished.
Publication of a trademark by the U.S. Patent and Trademark Office (USPTO) during the mark's application process provides an opportunity to oppose the registration of that trademark to those with a reasonable objection to its registration. It is usually the first time parties of interest will learn of the trademark's application and they must act quickly — a notice of opposition or a request for an extension of time to oppose the mark must be filed within 30 days. TMEP §1503 Opposition. Otherwise, the trademark will proceed to registration.
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