Free Legal FormsLegal Forms
Need Help Contact Us Find out more about us. Customer/Member Support
  Members Logon
 User Name
 
 Password
Forgot Your Password?
   
Search
View forms index

Do-it-yourself, and save-but be smart about it!

To make sure your goals are not compromised, and that your needs are properly met, All About Forms highly recommends that you have a licensed attorney review any legal documents you plan to use.

Why?

  • To be sure you have the right form for your state or local area.
  • To be sure you have the right form for your unique situation.
  • To be sure you are considering all possible legal ramifications.

Signup now to take advantage of the free consultations with our attorneys and financial experts and have them take a look at what you're planning. Just in case!



Back to Forms for 'Trademarks'.


SIMILARITY OF MARK

SIMILARITY OF MARK

GROUNDS FOR OPPOSITION

 

 

The following are the grounds on which this opposition is based: 

 

1.  Opposer, _________________ (corporation A), is a ____________________ (State) corporation located and doing business at ____________________________________  (Address) and, through its operating divisions, particularly its ____________________ Division located at ______________________________________________ (Address) opposer has for many years manufactured, sold, distributed and advertised in interstate commerce ___________________________ (Products) and closely related goods. 

 

2.  Opposer and its ________________________________ Division have continuously manufactured and widely sold, distributed and advertised the aforementioned goods, set forth in Paragraph 1, throughout the United States under its registered trademark _________________ (trademark A) and other marks featuring prominently the term __________________ shown in various forms and combinations, and, thus, opposer has created valuable good will in such registered trademarks.

 

3.  Opposer is the owner of the following mark and US  registrations thereof, copies of which are attached hereto as Exhibits ___________ and _______________________ _ (State Trademark Registration Number and Date, and Goods Covered).

 

4.  Opposer and its ______________ Division have invested large sums of money in advertising, exhibiting and otherwise impressing on the trade and purchasing public that the trademark _____________________ (trademark A) and other marks featuring prominently the term ______________________ shown in various forms and combinations, belong to and indicate opposer and its ____________________ Division and that opposer and its ____________________ Division have the sole right to sell a wide variety of goods under the trademark __________________ (trademark A) and _________________________ combination marks including ___________________  (Products) and related goods.

 

5.  Opposers goods bearing the trademark ______________________ (trademark A) and other marks featuring prominently the term _______________________ shown in various forms and combinations have acquired a high reputation for quality and utility, and opposer for many years has continuously used the term ____________________ as a dominant term in the operation of its business, as illustrated in the name _______________ Manufacturing Division, which name has acquired a high reputation in the business world.

 

6.  Opposer has been using in interstate commerce the registered trademark ______________________ (trademark A) since at least _______ (Year) for _______ _______________ (Product or Products), and has been using the feature __________ ___________________ as part of its marks since in or about __________ (Year) for ____________________ (Product or Products).  As to the use of _________________ _____________________ (trademark A), opposer first used such mark for _________ ___________ (Product or Products) in __________ (Year), and first used it in interstate commerce for ______________________ (Product or Products) in __________ (Year).

7.  Opposer has initiated steps to correct its Registration Number ______ by filing in the United States Patent and Trademark Office a request to allege _______ (Year) as the date of first use of that mark in interstate commerce.

 

8.  Opposer avers that applicants mark _______________________ (trademark B) sought to be registered is confusingly similar to opposer’s registered mark ___________________ (trademark A) and other marks featuring prominently the term ___________________ shown in various forms and combinations, that applicant’s goods are closely related to opposer’s goods bearing its registered mark _____________________________ (trademark A) and marks featuring the term _______________________ shown in various forms and combinations; that the trade and public seeing applicants mark _____________________ (trademark B) on its goods will mistakenly believe that there is some connection between opposer and applicant under which opposer guarantees the quality of applicant’s goods; and further that registration by applicant of its trademark _____________________ (trademark B) will be likely to interfere with the use by opposer of its trademark _______________ (trademark A) and will be likely to result in great loss and irreparable damage to opposer. 

 

9.  Opposer avers that the marks __________________________ (trademark A) and _________________________ (trademark B) are substantially the same in sound, appearance and meaning and, more particularly, are phonetically the same.

 

10.  Opposer believes that applicant’s selection of the mark ____________________ (trademark B) may take advantage of the nationwide reputation of opposer and its mark __________________________ (trademark A) and combination marks featuring the term __________________________, and may take advantage of the good will of opposer gained by ingenious and persistent advertising and expenditures of large sums of money therefor, and if continued in commerce, will be likely to confuse, mislead or deceive the trade and members of the public in suggesting to them that applicant’s mark ________________ (trademark B) identifies goods sold, sponsored, or approved by opposer.

 

11.  If the specified goods of applicant are inferior in quality, there will be irreparable injury to opposer’s valuable good will and its registered mark ___________________, because this mark will have an unfavorable connotation.  Furthermore, the use and registration of the mark ________________________ (trademark B) will dilute the distinctive character of opposer’s valuable registered trademark ________________ (trademark A) and its combination marks featuring the term _____________________.  12.  Applicant seeks to register the trademark ______________________ (trademark B) which so resembles opposer’s registered trademark ________________________ (trademark A) and other marks featuring prominently the term ___________________ shown in various forms and combinations, as to be likely, when applied to the goods of applicant, to cause confusion, mistake or deception of purchasers as to source or sponsorship, and will inevitably suggest falsely a trade connection between opposer and applicant.

 

For the above reasons opposer will be damaged by the registration of the opposed trademark. 

 

WHEREFORE, opposer, _____________________ (Corporation A), requests that this opposition be sustained and that registration be denied _________________________ (Corporation B) of its mark ____________________ (trademark B) as described and illustrated in its application, Serial Number ______, filed _________________ (Date), for the goods described therein.

 

Opposer hereby appoints the law firm of _______________________________, having offices at _____________________________________________________ (Address), the members of which firm are _______________________________________ (List Members), and each of them, its attorneys to prosecute this opposition with full power of substitution and revocation and to transact all business in the United States Patent and Trademark Office connected therewith. 

 

 



Printer Friendly Version Get RTF Version


   
   

 ©2000-2012 CLC Inc.

 Home | About Us | Contact Us | FAQs | Link to Us
 Legal Information | Privacy Policy
   

Try us out for only $4.95!

Register now







FIFA 14 Coins,FIFA Coins,MMORPG Gold,MMOPRG Game,Wedding Dresses,Evening Dresses,Fashion Guides,Fashion Tips,Healthy Diets,Slimming Equipment,Fashion Bags,Fashion Handbags,Fashion Clothes,Fashion Shoes,FIFA 14 Coins,FIFA Coins,Fashion Jewelry,Fashion Jewellery,Fashion News,Fashion Tips,FIFA 14 Coins,FIFA Coins,Fashion Guides,Fashion Trends,Wedding Dresses,Evening Dresses,Wedding Dresses,Evening Dresses