QUESTION: We have been using a trademark since January 2015. We are selling products with the trademark displayed on packaging and product labels. We also own the trademark domain name. However, we never filed with the USPTO since we were told that it is unnecessary and we would still be protected if we actively using it in commerce. Now, someone filed it and their mark is published for opposition in September. I am planning to have a Notice of Opposition filed as soon as they are published. Any suggestions?
ANSWER: If you have been using your trademark in other states and there is a likelihood of confusion between your trademark and the later used trademark, you can file an opposition. After filing the notice of opposition, the process is similar to a lawsuit.