You received a Notice of Opposition to your trademark. Your blood pressure has skyrocketed and now you are looking at what to do. Look no further. I am here to help you. I will help you in evaluating the best path forward. I have been successful at reaching settlements in many oppositions where my client and the opposing company have agreed to settle and co-exist.
Let's talk via a phone conference to discuss your opposition and give you a free, honest assessment of your options. It is never a good idea to handle an opposition by yourself because oppositions are very complicated mini-trials, are procedurally complex, difficult to understand and can become expensive very quickly.
Let's divide an an opposition is divided into 3 phases:
Phase 1 - Exploratory. Think of Phase 1 as an exploratory phase to determine whether a settlement of some type is possible. Phase 1 will help you understand what the Opposer is objecting to and whether it makes sense to file another mark or continue the opposition. Based on what we learn in Phase 1, it will give you more information to make a reasoned decision to continue or not with Phase 2 and/or Phase 3.
Phase 2 - Discovery. This phase is where the parties exchange interrogatories, admissions and RFP's so the factual basis of the case can be established. Depositions of the primary parties is also taken during this phase.
Phase 3 - Trial. This phase is where the parties file a brief that supports their position including a discussion of the law and evidence.
Phase 1 will typically cost $695 for me to:
Contact the Opposer to see whether they are open to some type of settlement. Up to 2 hours of settlement discussions and negotiations with the Opposer are included in the flat rate fee; and
If needed, prepare and file an “Answer” in your Opposition; and
If needed, participate in the Discovery Conference with the Opposer. In some oppositions, the opposer is open to settlement under certain conditions.
If any motion is filed, there will be an additional charge. Phase 2 and Phase 3 become more expensive, complicated and complex.
Contact me today to discuss your opposition.