How to Respond to a Notice of Opposition to Your Trademark Application

What is a Notice of Opposition to your trademark application? When your trademark application is approved by the USPTO, it will be published for opposition. During that time period, a third party might oppose the registration of your trademark by filing a notice of opposition with the Trademark Trial and Appeal Board (TTAB). The opposition […]

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TTAB Trademark Opposition: What You Should Know

Should you file a trademark opposition? A trademark application is close to the finish line. A few more days left in the publication period, and the mark will be on its way to registration. Should you file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). What does a TTAB trademark opposition […]

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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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Can you suspend or extend trademark opposition deadlines?

What is the difference between a suspension and an extension of trademark opposition deadlines? Each trademark opposition will have deadlines set by the TTAB. When a party believes that an extension or suspension may be warranted given certain circumstances, a party may file a motion to extend or motion to suspend. If the nonmoving party […]

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What is the delay defense (laches) in a TTAB trademark cancellation?

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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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 avoid 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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