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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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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Are monetary sanctions available in TTAB proceedings?

TTAB Monetary Sanctions? No, monetary sanctions are not available in TTAB oppositions and cancellations. TBMP Section 502.05 states: The Board will not hold any person in contempt, or award attorneys’ fees, other expenses, or damages to any party. What are appropriate TTAB Sanctions? The Board may enter the following sanctions where appropriate: striking all or […]

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What are TTAB Initial Disclosures?

What are Initial Disclosures in a TTAB proceeding? Each party in a TTAB opposition or cancellation must serve the following information on the other side without being asked: the name and, if known, the address and telephone number of each individual likely to have discoverable information – along with the subjects of that information – that the […]

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What are the 2017 TTAB rule changes?

Effective date New TTAB rules for trademark oppositions and cancellations take effect on Jan. 14, 2017. ESTTA Electronic Filing All submissions must be filed through the TTAB online filing system known as the Electronic System for Trademark Trials and Appeals (ESTTA). Paper filings are no longer permitted unless extraordinary circumstances or technical difficulties would prevent filing online. […]

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What is a TTAB trademark 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.  The filing of the Notice of Opposition creates a trademark opposition proceeding before […]

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What is a TTAB trademark opposition or cancellation?

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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