As any trademark opposition attorney knows, you do not always get to choose your opponents. Some opposing counsel are cooperative, professional, and seek common ground between the trademark opposer and trademark applicant. This approach often results in a favorable result for both parties. There are times, however, when an opposing trademark lawyer takes a “win at all costs” mentality. But just what does “win at all costs” mean, and does such a strategy always serve the best interests of the client? If the pitbull phiiosophy results in excessive legal fees and protracted litigation, it may not always be in the client’s best interest.
Great trademark opposition lawyers generally have the following traits in common:
- Professionalism: maintaining coridal and respectful relations with opposing counsel;
- Vision: being aware of the strengths and weaknesses of the client’s trademark opposition case;
- Knowledge: mastery of trademark opposition law and Trademark Trial and Appeal Board procedure;
- Timing: knowing when and how to dial-up the pressure, or alternatively, to seek acccomodation
- Understanding: of any and all potential outcomes, and the risks and rewards of each option
Trademark attorneys who possess three or more of the above characteristics are likely to be more successful in achieving favorable outcomes for their clients than those who simply are the “win at all costs” types. By carefully choosing the right attorney for your trademark cancellation or trademark opposition proceeding, chances are that you will be in a better position to achieve the results that you desire.