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 […]
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. […]
What are the consequences of losing a TTAB trademark opposition or cancellation? So you have applied to register a trademark and everything has proceeded smoothly so far as your examining attorney has approved the mark. You now wait through 30-day period when your trademark is published for opposition and hope no one challenges your mark. Unfortunately, a third […]
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 […]
What is a trademark Notice of Opposition filed with the TTAB? After a trademark application has been preliminarily approved by the USPTO examining attorney, the pending application will be published for opposition. In other words, your trademark will be published for a 30-day window, during which third parties may oppose your application or request an extension […]
Where can I find an attorney fee schedule for litigating a TTAB trademark opposition or cancellation?
Are there any flat fee attorneys for trademark oppositions or cancellations? My firm, Innovation Capital Law Group, offers a hybrid flat rate attorney’s fees for IP matters, including a fee schedule of attorney’s fees and cost estimates for TTAB trademark oppositions and cancellations. Keep in mind that trademark opposition attorney fees may still vary for certain […]
Trademark opposition or cancellation: What are the differences? 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. A trademark opposition seeks to block a mark from registering. A trademark cancellation seeks to cancel a registered mark. Therefore, trademark oppositions […]