What subjects should be covered during Discovery Conference? Before discovery can occur in a TTAB trademark opposition or cancellation proceeding, attorneys for both sides must conduct a mandatory discovery conference to discuss the subjects identified in Rule 26(f) of the Federal Rules of Civil Procedure, including [see TBMP Section 401.01]: claims and defenses of the TTAB case; possibility […]
What is a TTAB Notice of Opposition? After a trademark application has been preliminarily approved by the USPTO examining attorney, the pending application will be published for opposition – i.e., made available during a 30-day window, which can be extended, for any third party to file a challenge called a Notice of Opposition. A Notice of Opposition […]
Where can I find an attorney fee schedule for litigating a TTAB trademark opposition or cancellation?
Innovation Capital Law Group publishes flat rate attorney’s fees for IP matters, including a fee schedule of attorney’s fees and cost estimates for TTAB trademark oppositions and cancellations. Here are 2019 attorney fee estimates for TTAB oppositions and cancellations: 2019 Attorney Fee Schedule for TTAB Trademark Oppositions & Cancellations Petitioner / Opposer (Plaintiff) Respondent / […]
Trademark Opposition vs. Cancellation: What are the differences? Trademark oppositions and cancellations are adversarial proceedings before the Trademark Trial and Appeal Board (TTAB) of the USPTO to defeat the registration of a mark. Oppositions challenge pending trademark applications while cancellations contest trademark registrations. These adversarial TTAB proceedings are basically lawsuits focused on whether a particular trademark should […]