Standing, Requirement in an Opposition Proceeding (Trademark) Law and Legal Definition

15 USCS § 1063 provides that any party can establish its standing to oppose by showing that it has a real interest in the case. The person should possess a personal interest in the outcome of the proceeding and a reasonable basis for its belief in damage.

Any natural or legal person who believes that it would be damaged by the registration of a mark upon the principal register can file an opposition. Whether a party has standing to oppose depends on the grounds asserted in the opposition. If a person is basing its opposition on likelihood of confusion with its registered mark, or its common law use, or as owner of an unregistered well-known mark or geographical indication, the person should plead, and prove, that it has priority rights in a confusingly similar mark. When a person pleads that a mark is descriptive of the goods, the person should plead that it is a competitor of the applicant and that the terms applied for is needed by other competitors to describe their products. If more than one ground is pleaded in the opposition, proof of standing for only one ground is necessary.