There are a number of situations in which it would be beneficial to use an Opposition Proceeding.
Filing an Opposition Proceeding is especially useful to small businesses going up against the big guys. Trademark opposition is relatively simple, which means it won’t necessarily be cost prohibitive if you have a limited budget. Basically, if the cost of fighting the trademark application is less than the cost to your business if it goes through, it’s worth filing an Opposition Proceeding.
For instance, let’s say a big company wanted to start using a logo that was very similar to that of a small business. If the small business was weighing the cost of the proceeding, they would have to consider things like how much they have paid to advertise the trademark and how long, how much it would cost to effectively notify customers of a change, how much it would cost to pay for a change of signage, business cards, websites, and other branded content, and what damage might be done to their brand recognition, not to mention the cost of filing a new trademark. Considering all those costs, it might be worth it for the small company to file an Opposition Proceeding.
It should also be noticed that it’s rare for an Opposition Proceeding to lead to a court trial. Usually, complaints are settled before a trial begins. This makes it even more appealing for small businesses to pursue an Opposition Proceeding.
There are also some situations where filing an Opposition Proceeding isn’t the best idea.
In the case that you don’t actually have a registered trademark, it will be much more difficult to prove that your intellectual property belongs to you, especially when going against a larger company who has already filed multiple trademarks in different countries.
This is one (among many) reasons why Trademark Registration is Important.
It is much, much easier to prove legal ownership of a trademark if you have had the trademark registered. This applies to both US and international cases, and also makes it easier to use Customs to protect your IP. For instance, if a company trademarks its logo (like, for instance, the Nike swoosh), it can take legal action against similar logos in the US, and expand their ownership overseas to prevent knockoffs.