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My trademark is being opposed for registration because the opposer believes it will be damaged by the registration of my application. Namely, the opposition states that the song is a common law mark that consumers will closely associate with opposers song and has extensively licensed the mark for use in various media outlets and that it is symbolic of extensive good will and consumer recognition. Additionally, it bases its opposition on that it owns this song title "mark", there is a likelihood consumers would believe that the artist would sponser, endorse, ro be affiliated with my line of clothing and that my trademark resembles their song title, "mark", so to cause confusion, mistake or deception and is therefore barred from registration by section 2(d) of the Trademark act of 1946.
My question is, before I make a decision to rigorously pursue defending my trademark, which I see is a lengthy process in the TTAB proceedings, is anyone aware of a similar outcome and what was the outcome? My attorney says we have a good case. I am aware that song titles cannot be registered as trademarks, but the opposing party claims that unfair competition is protected under the Lanham Act.
