Trademark Counterclaim: A Counterattack for TTAB Oppositions and Cancellations

What is a trademark counterclaim? Is the best defense a strong offense? When it comes to TTAB oppositions and cancellations, it may make sense to consider filing a counterclaim against the plaintiff. Monetary relief is unavailable in TTAB proceedings. A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner […]

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How to Cancel a Trademark Registration

How to Cancel a Registered Trademark As recently as a year ago, this article would have been written quite differently. A trademark cancellation filed with the TTAB would have been the only procedure to discuss. We’ll certainly delve into a TTAB cancellation in this post, but we now have a couple more ways to cancel […]

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How to Deal with a Counterfeit Product or Claim

What is the difference between counterfeiting and trademark infringing? Is it fake? Whether or not a product is a counterfeit boils down to the degree of similarity. Are you dealing with a fraudulent imitation? If so, it might be a counterfeit. The difference between trademark infringement and counterfeiting is a matter of the extent of […]

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What is a common law trademark?

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. A common law trademark refers to the rights belonging to the first person or […]

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How much does a TMA petition for trademark nonuse cost?

What is a TMA petition based on trademark nonuse? Third parties can now file petitions to remove some or all of the non-used goods or services in a trademark registration without going through the more expensive and lengthy process of a TTAB trademark cancellation. Under the Trademark Modernization Act (TMA), a petition may be filed […]

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