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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Why an early trademark filing date matters

Why does an early trademark filing date matter? US trademark law generally regards the first trademark user, and not the filer, as the rightful owner. This distinction makes the US different from many foreign countries which provide the first filer with trademark rights. So if earlier trademark use is the determining factor, why should a […]

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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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Trademark strategy: 5 steps to optimize chances of registration

How to develop a trademark strategy that will improve chances of registering your mark A successful trademark registration will depend a great deal upon the preliminary work done before filing the application. The more you can avoid potential obstacles and reduce risk upfront, the greater the chance of a smooth application process. Here are practical […]

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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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How to Defend a Trademark Opposition

How to defend your trademark A trademark opposition is essentially a battle for the registration of your trademark. Your trademark application had been preliminarily approved by the Trademark Office. An opposition is a filing by a third party with the TTAB to block your trademark from being registered. This post delves into what it takes […]

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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 can go wrong if you lose a TTAB trademark case?

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 […]

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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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