What is laches (delay) in a TTAB trademark case?

What is laches? Laches is a fancy legal term meaning delay. If there has been delay in filing a TTAB trademark cancellation, laches might be available as a defense against a plaintiff seeking to cancel a trademark registration. Keep in mind that laches in a trademark infringement lawsuit has a different standard than that in […]

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What is a TTAB summary judgment motion?

What is a TTAB summary judgment motion? A TTAB summary judgment motion is a pretrial filing made to request an earlier decision in a trademark opposition or cancellation proceeding before the USPTO. Such a motion is called dispositive since it can potentially dispose of the case. Due to its dispositive nature, summary judgment motions are […]

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What is trademark monitoring?

What is a trademark monitoring service? A trademark monitoring service can notify you of trademark applications by third parties that may be similar to your trademarks. There are a variety of trademark monitoring services that range from US to worldwide, and from federal filings to federal and state. When do you need a trademark monitoring […]

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How many TTAB cases reach final decisions?

How many TTAB oppositions and cancellations reach final decisions? At the outset, let me clarify that this post contains rough estimates of final decisions in adversarial TTAB oppositions and cancellations which are merely approximations, and not based on any solid statistical disciplines. I’m simply comparing the number of final judgments made in 2019 to the […]

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How to prevent a trademark opposition

How to reduce the probability of trademark oppositions Neither you nor your IP attorney can predict with absolute certainty how third parties may feel about your particular trademark. Keep in mind we are not talking about the review of your application by the USPTO trademark examining attorney. Even if the examining attorney believes your mark […]

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Trademark Cancellation: What you need to know

Does it make sense to file a trademark cancellation? The decision to cancel a registered trademark is not an easy one. You’re about to embark on a journey where you and your IP attorney must take the lead and drive the case forward. There may be more timely and cost-effective options if particular registrations are […]

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How to Defend a Trademark Cancellation

What is a trademark cancellation? A trademark cancellation is a mini-lawsuit filed with the TTAB to attack a trademark registration. Cancellations deal with only registered trademarks, and not pending applications. A third party may seek to cancel a registration in whole or in part. Here are helpful tips to defend against a trademark cancellation. What […]

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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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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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