Many trademark attorneys practicing for an appreciable length of time have encountered the following scenario:
- Your client owns a registration for a mark (the “Anchor Registration”);
- Your client refrained from opposing registration of a similar third-party mark (the “Intervening Mark”) because it saw a low likelihood of confusion;
- Your client’s subsequently filed applications in the Trademark Office for the mark depicted in the Anchor Registration (or a virtually identical mark) were refused registration based on the Intervening Mark; and
- Attempts to obtain consent from, or coexist with, the Intervening Mark owner were unsuccessful for some reason.