What is the best strategy to avoid opposition as much as possible when registering a trademark?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

The two most impactful steps are conducting a thorough trademark search before filing and selecting a sufficiently distinctive mark.

A search identifies existing registrations that could form the basis of a well-founded opposition. If a high-risk conflict is found, it can be addressed before the application is published; by modifying the mark, narrowing the classes, or approaching the earlier owner for a consent agreement. Opposition risk that is known before filing is far easier to manage than one that arises during the publication period.

A distinctive mark reduces overlap with earlier registrations. The less the mark resembles existing registrations in the relevant field, the lower the probability that any earlier mark holder will have grounds to oppose.

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