What most people don’t fully appreciate about the USPTO is that there are real live trademark examiners going through each and every application and while they do their best to create uniformity across all decisions (to either accept or refuse trademark applications), ultimately, the examiners are just people and two different trademark examiners might very well reach different conclusions about the viability of the same trademark application.
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.