Trademark Oppositions and Coexistence Agreements

There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways. In addition to the well-known benefits of opposition settlement through trademark coexistence, carefully negotiated coexistence agreements between and among less distinctive trademark owners can help build a stronger network of protection and defense than might otherwise be accomplished.