Perhaps most importantly, it is critical to understand that Trademark Opposition proceedings along with all of the other proceedings (trademark cancellations etc.) available under the jurisdiction of the Trademark Trial and Appeal Board (TTAB) are akin to real, bona fide lawsuits filed in federal court.
On the most fundamental level, a trademark is a source identifier – when an individual sees a trademark attached to a good/service, the viewer immediately understands the source of that good/service, or the company, which produced it.
Trademark litigation can be immensely costly and resource-consuming so it is critical to first evaluate the scope of the case and attempt to at least make an educated guess as to the chances of success.
Perhaps most importantly, it is critical to recognize the immense time, money and resources involved in prosecuting a trademark opposition case and one should, therefore, be very careful to make an honest assessment of the likelihood of winning before commencing suit.
After five long years, your food startup has done everything your doubters arrogantly predicted it wouldn’t do. It is now a multi-million dollar success story and over 10,000 stores throughout the United States sell your trademarked product, Volcano Bites, a fruit snack containing 100% real orange and pineapple juice with no artificial additives.