Trademark News & Screw-ups NCAA Files Trademark Action Against Owner Of Markdown Madness

This case shows how important it is to continuously monitor if someone is trying to register a trademark similar to yours. Trademark examiners are humans, they are subjective and they make mistakes, so sometimes, they may approve trademark applications for brands that are just too close. And it is significantly easier to nip someone else's application in the bud either in the very early stages of the application process or during the formal opposition period. Once the application is allowed and registered, it becomes an uphill climb, because certificate of registration confers presumption of validity of the trademark. So the burden of proof shifts from the applicant who has to prove to the Trademarks Office that their application is worthy of being registered to everyone else who now have to prove that the trademark should not have been registered. In any dispute you do not want to be the party that has to prove something. It's just too expensive and unpredictable.

The video below features Andrei Mincov's commentary of this article.



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