If I understand the question, you probably cannot oppose based upon a disclamed element.
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.Ask a similar question
Q: "Can you oppose to an element, which the applicant has disclaimed ... ?"
R: No. The trade dress of a product or its packaging is the cumulative whole of its elements. Any opposition to the registration of that dress must be to that cumulative whole.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.Ask a similar question
I agree, no.
If this is regards to an actual opposition proceeding or one that you intend to initiate, I strongly advise seeking some help with it. These can get rather complicated quickly and even experienced TM lawyers often have to research rules and methodology.
I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.Ask a similar question
I take it you want to oppose the disclaimer element because you claim it is distinctively yours and not properly disclaimed. You would likely need to just write a CDL to the applicant and demand they stop using your trademark and advise them it is not subject to disclaimer and cannot be a part of their mark without likelihood of confusion as to source with your mark. Except that YOU have no business writing such a letter. If you write it, you will likely end up saying or not saying something and lose your trademark. Trademark conflicts need to be handled by trademark attorneys not novices. You are here asking because you don't know enough to do this on your own. Recognize that and get an attorney.
For Sacremento, you might contact Scott Pink http://www.avvo.com/attorneys/95814-ca-scott-pink-265102.html
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.Ask a similar question