profile

J.J. Lee, Trademark Attorney

Stopping a Competitor's Trademark Before It’s Too Late

Published about 2 months ago • 1 min read

February 24, 2025

​

Hello Reader,

What if someone tried to register a trademark that’s too close to yours? That could lead to confusion, lost customers, and even harm to your brand. But here’s the good news—you don’t have to just sit and watch it happen!

The USPTO allows businesses to oppose a trademark before it’s officially registered. This process is called a trademark opposition, and it’s a way to stop a problematic trademark before it gets final approval.

Here’s how it works:

🚨 When someone applies for a trademark, it gets published for 30 days. During this time, anyone who believes the trademark could cause confusion (or has other legal concerns) can file an opposition.

⚖️ If you oppose, you’ll need to prove why the trademark shouldn’t be registered—maybe it’s too similar to yours, it’s misleading, or the applicant isn’t really using it the right way.

⏳ If you miss the 30-day window, you might have to fight for your rights later—which is much harder and more expensive than stopping it early!

Many businesses don’t even know this step exists, but trademark oppositions can be one of the best ways to protect your brand. If you see a trademark that worries you, let’s talk about whether an opposition makes sense.

Keep Your Brand Safe and Protected,​
​

J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. Want to keep an eye on new trademarks that might affect you? We can monitor the USPTO database and alert you if anything concerning pops up. Let me know if you’d like to set that up! 😊

​

J.J. Lee, Trademark Attorney

Protecting your Brand and Trademark Since 2007 and over 7,000 Trademark Registrations.

Learn something new every Thursday! Join over 4,000 entrepreneurs and business owners for weekly Trademark tips, tricks, and news.

Read more from J.J. Lee, Trademark Attorney
Person reading a book, captured in black and white.

April 21, 2025 TMtelegram Hello Reader, Here’s another real-world lesson from the Trademark Trial and Appeal Board (TTAB) that highlights two common pitfalls brand owners face: 🔁 Choosing a name that’s too close to an existing mark🔁 Using a last name without understanding the trademark limits The case involved Wyse London, a fashion brand that applied to register its name for clothing and retail store services. But the USPTO refused registration on two separate grounds—and the TTAB agreed....

3 days ago • 1 min read
Guitars sit in a rack, awaiting performance.

April 13, 2025 TMtelegram Hello Reader, Gibson Guitars just won a big victory—and it’s a lesson in brand protection you don’t want to miss. After years of legal back-and-forth, a federal jury once again ruled in favor of Gibson in its trademark case against Dean Guitars (owned by Armadillo Enterprises). At stake? The rights to iconic guitar body shapes like the Flying V, Explorer, and SG. Here’s what the jury decided, straight from the court decision: 🎸 Yes – Dean infringed on Gibson’s...

10 days ago • 1 min read
Mush Overnight Oats

April 7, 2025 TMtelegram Hello Reader, You may have seen MUSH—the oat-based breakfast cups—on Costco shelves. My wife picked some up recently, and I thought it was a solid product. So I was surprised to learn the company behind it just lost their trademark battle at the USPTO. Mush Mush Foods, Inc. tried to register MUSH as a trademark for “ready-to-eat cereals” made with oats. But the Trademark Trial and Appeal Board (TTAB) ruled that “mush” is generic—meaning it's a common term for a type...

17 days ago • 1 min read