Are monetary sanctions available in TTAB proceedings?

Are monetary sanctions available in TTAB trademark proceedings?

No, monetary sanctions are not available in TTAB trademark 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 non-monetary TTAB Sanctions?

The Board may enter the following sanctions where appropriate:

  • striking all or part of the pleadings of the disobedient party;
  • refusing to allow the disobedient party to support or oppose designated claims or defenses;
  • prohibiting the disobedient party from introducing designated matters in evidence;
  • entering judgment against the disobedient party.

Does it make sense to defend a trademark opposition?

If a third party has opposed your trademark application, it might make sense to defend the opposition instead of fighting a lawsuit in court. Since no money damages may be imposed by the TTAB, each party has zero risk of being hit with monetary sanctions. Defending a trademark opposition may be substantially less expensive than litigating in court. Here are helpful tips on how to defend a trademark opposition.

How do you defend a trademark opposition without the threat of monetary sanctions?

The threat of monetary sanctions is like a sword that can be wielded at the right time. Without such a threat, you have both advantages and disadvantages. On one hand, no party has to worry about paying attorney’s fees or any kind of monies to other side unless agreed to in settlement. On the other hand, a party can continue with obstructive behavior without fear of any monetary penalties. Each party in a trademark opposition or cancellation will need to weigh these factors in developing an appropriate trademark strategy.

Need help defending a trademark opposition?

Feel free to email trademark opposition attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to see how we can help you reach a desired outcome for your trademark application.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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