Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

Trademark Oppositions

If someone is applying to register a mark that would injur you in any way, you can file a Notice of Opposition in the Trademark Trial and Appeal Board (TTAB) to prevent the registration from issuing.

For plaintiffs, petitioners oppose an application when a confusingly similar (not necessarily identical) application for a related good or service has been allowed.  After the Examining Attorney allows the application, the mark is published for thirty days.  In the 30-day period, petitioners can filed the registration.  The goal of the Opposition is to prevent an application from registering all together or to cause the applicant to amend their application (either the mark or the goods and services) in order to prevent any likelihood of confusion.  Opposers do not need to own a registration.  In most case, being a senior user of a mark is sufficient.

For defendants (i.e. applicants), we can settle disputes by amending a trademark andproposing and pre-clearing alternatives.  Or if the applicant has a strong case, we defend the application as it is initially proposed.

Trademark watch services can be used to monitor published applications to prevent harmful registrations from being registered.