How to Defend a Trademark Opposition

Why would someone oppose your trademark application? One of the top reasons why a third party would file a trademark opposition against your application is because they believe your mark is too close to theirs. Likelihood of confusion is the most common ground for trademark oppositions. In such a case, the burden falls on the […]

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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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