How to Defend a Trademark Opposition

Why would someone oppose your trademark opposition? The #1 reason a third party would oppose your trademark application is because they believe your mark is too close to theirs. Likelihood of confusion is the most common ground for opposing trademark applications. In such a case, the burden falls on the opposer to show: similarities between […]

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How to Oppose a Trademark Application

When is the right time to oppose a trademark application? If and when a trademark application has received preliminary approval by the USPTO examining attorney, a date will be in the coming weeks for the mark to be published for opposition. The publication period is a 30-day window during which any member of the public […]

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What Happens If an Applicant Loses a TTAB Trademark Opposition?

What are the results of losing a TTAB trademark opposition? Say you’ve applied for a trademark and everything goes smoothly as your examining attorney approves the mark. So you wait through 30-day period when your trademark is published for opposition and hope no one challenges your mark. Unfortunately, a third party believes your trademark will cause a likelihood of confusion with […]

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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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What is a TTAB trademark Notice of Opposition?

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 […]

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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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