Here is how you go about opposing a trademark registration. Remember, CLC has only submitted an application for trademark. It can be opposed and THEY CAN BE DENIED the trademark.
About the Trademark Trial and Appeal Board
Here's relevant snippets of info:
The Trademark Trial and Appeal Board (the TTAB or the Board) is a neutral body that functions like a court for trademark matters at the USPTO. The Board's administrative trademark judges are authorized to determine a party's right to register a trademark with the federal government. The Board is not authorized to determine whether you have the right to use a trademark, just whether you have the right to register it. Additionally, the Board is not authorized to determine questions of trademark infringement or unfair competition or to award money damages or attorney's fees. For anything other than determining the right of federal registration, you must file a case in federal or state court.
While the Board is authorized to handle five different types of cases, there are three main categories of proceedings that applicants and registrants should know about: appeals, oppositions, and cancellations. Please be aware that if you file a case at the TTAB or if someone files a case against you at the TTAB, you will be a party to a legal proceeding.
Oppositions
Another common Board proceeding is an "opposition." In an opposition, a person may oppose (or "object to") the trademark application of another party in order to stop that party from obtaining a federal registration. Before a trademark can register, the mark must be published for opposition in the
Official Gazette. Publication starts the opposition period, which initially lasts 30 days, but
may be extended. During the original opposition period, any party who believes that it would be damaged if the published mark registers may oppose registration. Although there are many possible grounds for opposition, the most common one is a claim that a likelihood of confusion exists between the trademarks.
In this type of proceeding, a three-judge panel issues a decision after both sides have had an opportunity to present their evidence and make arguments in legal briefs before the Board. The issues and procedures can be very complex and the experience is similar to a civil court case.
(This might be important
If you cannot afford an attorney, you may wish to consider the USPTO's
Law School Clinic program. Through this program, law school students (working under the guidance of qualified faculty members) provide assistance in proceedings before the Board to individuals and small businesses that meet income eligibility requirements.
To learn more about the program, go to USPTO.GOV and search for the term "Law School Clinic." The website has a list of participating schools, Frequently Asked Questions, and contact information about how to become a client.
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