Finding out someone else has registered a trademark you’re using in your business can really sting. But so long as you started using it first, not all is lost.
In this week’s episode you’ll learn:
- What winning the race means when it comes to trademarks and defending your rights
- What the “opposition period” is and why it is crucial to monitor the USPTO Gazette if you’re relying on common law trademark rights
- How a cease and desist letter may stop a similar trademark application in its tracks
- When the USPTO will actually deny a trademark application for a similar trademark without you lifting a finger
- How challenging a trademark that’s the same as or similar to yours after a certificate has been granted can be more difficult, but not impossible
- Why, in order to defend your trademark rights, you have to actually be using your trademark
Key takeaway: Challenging an application for a trademark that’s the same or similar as yours is not an area of legal you want to DIY. Consulting with a trusted legal advisor who specializes in trademark law is the best way to defend your trademark rights and prevent brand or product confusion.
Sign up below to get a free 5 Minute Intellectual Property Audit worksheet. You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).
Next week is the final episode of Season 3 of the Legal Road Map® podcast, all about when you must register a trademark.
I'm so excited to bring Season 4 to you - it's all about legal for course creators - so be sure to stay tuned!
Additional Resources:
USPTO Official Gazette, published weekly: https://www.uspto.gov/learning-and-resources/official-gazette/trademark-official-gazette-tmog
This podcast is information, not legal advice specific to your situation.
