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Why Would Somebody Object to my Trademark?

Why Object to Trademark picThere are many reasons why a party may choose to object to a trademark, but the most common focuses on the likelihood of confusion. In fact, it is common for the owners of trademarks to implement monitoring services that alert them when somebody is attempting to register a similar trademark that could potentially hurt their business.

In fact, a trademark owner often asserts rights that exceed the scope necessary to protect their trademark in an effort to limit competition. This strategy is often referred to as “trademark bullying,” because it is often used by large companies with extensive resources to restrict the rights of smaller companies that cannot fight false claims.

In addition to an objection based upon likelihood-of-confusion, a party may challenge a trademark application based upon the following:

  • The mark is purely descriptive of goods or services
  • The mark is too generic
  • The mark is “scandalous” or “disparaging”
  • The mark is misleading because it infers a connection with a competing party that filed the objection
  • The mark is only a last name
  • The mark was abandoned or the applicant is not using the mark and does not intend to use it in commerce
  • The mark is merely a geographical description (or mis-description)
  • Use of the mark would weaken the opposing party’s “famous” mark

There are many other reasons a party may object to your trademark application, but the primary focus is on how the opposing party will be damaged in a direct way if the mark is registered.

If you need assistance with registering a trademark, help handling opposition to your trademark application, or filing a challenge to a trademark registration, contact the legal team at The Swenson Law Firm to schedule an initial consultation.

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