Written by Jan Buza
Co-founder of Trama
Finding out your desired trademark is already taken by someone else can be discouraging, but you still have options.
The problem with the existence of an identical/similar already registered trademark lies in the owner's legal right to oppose your application. The intellectual property office can then refuse your registration on the grounds of similarity between the two marks to prevent potential consumer confusion in the market. To minimize the risk of this happening, you can change the mark's similar element(s) before applying.
If rebranding is not a valid option, you may choose to take the risk and proceed with the application. In general, oppositions are raised in 5% of all cases, and if they do, you can hire a representative to represent you in the opposition proceedings. The outcome is not guaranteed, but some of the steps commonly taken here include the following:
You can read more about these options in our article What happens if someone opposes my trademark application?
If a trademark has multiple owners, how are the rights and responsibilities shared?
How does conversion between EU trademarks and national trademarks work?
How does the timeline of previous approvals affect one's ability to register a trademark?
If I register a trademark in one of the EU's member countries, will it be valid in all of the EU?
Does the registration in US give international protection to trademark?
What sales do I need to make to satisfy the in-commerce requirement?
If I change the product description, will that impact on the registrability of my trademark?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
