A trademark dispute may concern a competitor's marketplace use, an application to register a similar mark, or an existing registration. Those problems can call for different procedures and remedies. Lowry Blixseth APC handles intellectual property litigation, including trademark infringement cases and USPTO oppositions and cancellations before the Trademark Trial and Appeal Board (TTAB).
What should you do about a potential conflict?
Preserve dated examples of the competing use, including URLs, screenshots, packaging, and relevant correspondence. Collect your own first-use records, registration details, and evidence of how customers encounter the marks. An attorney can assess priority, the relationship between the goods or services, possible confusion, and practical business objectives.
Possible approaches can include further investigation, negotiation, a coexistence arrangement, or proceedings in an appropriate forum. The appropriate response depends on the facts; a similar name alone does not establish infringement.
If you receive a cease-and-desist letter
Keep the entire letter, attachments, and delivery information. Note any stated response date and provide existing contracts, licenses, and earlier communications to counsel. A demand letter presents another party's position; it is not a court judgment. If you are served with a complaint or a proceeding notice, separate formal response deadlines may apply.
Before committing to a name change or sending a substantive reply, discuss the claims, potential defenses, and commercial options. Read more about our intellectual property litigation practice.
TTAB proceedings and court cases serve different purposes
The Trademark Trial and Appeal Board (TTAB) decides issues involving the right to register a mark. An opposition challenges an application during the relevant publication process; a cancellation challenges an existing registration on an available ground.
The TTAB does not decide infringement claims or award money damages or injunctions. Court proceedings can address marketplace conduct and available remedies. Registration disputes and use disputes may overlap, so the choice of forum should fit the objective.
Information for the initial discussion
- Your mark and the other party's mark, with application or registration numbers.
- Dates and places of use, goods or services, and customer channels.
- Relevant letters, pleadings, agreements, and stated deadlines.
- Your practical goal, such as preventing expansion, preserving a launch, or resolving a demand.
For brand planning before a conflict arises, see trademark clearance searches.
Discuss your trademark
Contact Lowry Blixseth APC in Agoura Hills to discuss your brand, application, or trademark dispute.