How to Defend a Trademark Cancellation

What is a trademark cancellation proceeding? A trademark cancellation proceeding is basically a mini-lawsuit to kill a trademark registration. Cancellations deal with only registered trademarks, and not pending applications. In what court or government agency are trademark cancellations held? Trademark cancellations are held before the Trademark Trial and Appeal Board (TTAB), which is a part […]

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What Should Be Discussed During a TTAB Discovery Conference?

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 […]

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TTAB trademark oppositions and cancellations: What to know

What is the difference between an opposition and a cancellation? 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 […]

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