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Trademark Oppositions and Coexistence Agreements
There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an 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 trademark 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) that occurs during the mark's federal application process provides an opportunity to oppose the registration of that trademark to those with a reasonable objection to the 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. Trademark Manual of Examining Procedure (TMEP) §1503 Opposition. Otherwise, the trademark will proceed to registration.
Often, opposing parties will use a request for extension, which is typically granted for at least 90 days, as an entree into discussion with the trademark applicant to address the opponent's objection to the registration. TMEP §1503 Opposition. Opponents and applicants then exercise varying degrees of demand and latitude in an attempt to find resolution before entering into a formal opposition proceeding, which can be lengthy, costly and uncertain.
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