Intellectual Property Law

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Can you tell me how to answer a trademark opposition on my…

Customer Question
Can you tell me...

Can you tell me how to answer a trademark opposition on my own?

Lawyer's Assistant: Is the trademark federally registered?

Yes it is

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No,

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I cannot afford an attorney at this time.

Submitted: 8 months ago.Category: Intellectual Property Law
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Customer reply replied 8 months ago
Hello is anyone there?
Answered in 14 hours by:
11/23/2017
IP Lawyer: DamienJD, Lawyer replied 8 months ago
DamienJD
DamienJD, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 5,150
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Do you have a copy of the third party opposition to your trademark application?

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Customer reply replied 8 months ago
is this the answer I get to justify charging me an additional $35?!
IP Lawyer: DamienJD, Lawyer replied 8 months ago

No. That is just an information request. I am developing the answer for you.

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IP Lawyer: DamienJD, Lawyer replied 8 months ago

To draft your answer to the trademark opposition, you must admit or deny every allegation asserted by the opposition. In other words, you would take each paragraph and either admit, deny or claim lack of information known to either admit or deny. You would also, assert in plain terms any applicable defenses to the allegations set forth in the opposition. Typical defenses include unclean hands, laches, estoppel, acquiescence, fraud, mistake, prior registration or any other common affirmative defense. You may also assert counterclaims in your answer when applicable. You would have to serve and file the answer also.

We can discuss further if you want to do so. Do you have any further questions?

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IP Lawyer: DamienJD, Lawyer replied 7 months ago

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars at no extra charge so I can get paid for the service I provided to you. Best regards.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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