What are the possible challenges by third parties to the use of a mark?
In addition to possibly opposing the registration of a mark, third parties may also oppose the use of a mark. Parties most likely to bring a court action to prevent your use of the mark are those parties who do not have federally registered marks but who have common law rights in a mark. A detailed search would reveal some of the owners who might challenge your use of the mark. Also, a third party may make a claim that the use of your mark dilutes the distinctive quality of their mark under the Federal Anti-Dilution Act. This Act provides remedies for parties even in unrelated and noncompeting fields if the third partys mark has become famous around the country, and they believe that your use dilutes their famous mark.
