In trademark law estoppel is applicable as always. Estoppel prevents a party from changing their position to one that is not consistent with their prior position. The goal is to stop a party from reversing positions because things changed and they now want to provide benefit to themselves. Equitable estoppel can be applied to announcements and statements if it would harm or detriment another party through their lack of knowledge or reliance on. Judicial estoppel applies to positions taken during the legal process. This is generally at the discretion of the courts and can vary depending on the court. It is important to remember that statements made in briefs may the trademark owner or a retained attorney can be considered binding judicial admissions. Collateral estoppel is when an issue has been litigated previously by the parties and future claims are precluded. It is always important to be mindful of what you say and how you say it as it may impact you, your trademark, or the application process down the road.
This blog is not legal advice and is not specific to your application. You should always consult an attorney.