First Response When Your Trademark Is Threatened

There are two legal mechanisms you might invoke if you believe your trademark is in jeopardy of infringement, according to attorney James Hastings. You can file an opposition to the registration of a third party’s trademark application the with U.S. PTO’s trademark appeal board if you think it is likely to cause confusion or deceive the public. You can ask to have an existing trademark canceled if it has become generic of the goods or services it describes, or if it was procured fraudulently. But only the courts can order the offending party to stop using the trademark commercially.