Trademark Triumph: Securing a Creative’s Brand Continuity Against Corporate Opposition
Scenario:
We were hired to handle a trademark registration for a small business, creative industry client who had already gained traction with their newest brand. During the opposition period (a timeframe that permits a trademark owner to challenge the application), our client’s mark was opposed by a major corporation. We developed a strong case strategy, which resulted in negotiating a co-existence agreement that would permit our client’s use of their trademark in the way the client’s company needed to use it now or in the future. In negotiating the terms, we also ensured that the corporate giant would not resurface later, creating new issues and new expenses for our client.
Impact:
Our client did not have to interrupt or discontinue using a brand that they had already financially invested in. Also, the corporate giant cannot challenge our client’s trademark again in the future, allowing our client to confidently continue to develop their brand.
Our skilled negotiations resulted in our client avoiding $100K-$150K in legal fees, which is the average cost of a trademark opposition proceeding from start to finish.