"trademark opposition"

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When your company is faced with a trademark opposition,  there are many misconceptions of what it is and what it is not.  Be sure to have a clear understanding of what to expect to help guide your decision making process.

Governing Rules.  Trademark oppositions in the United States are heard before the U.S. Trademark Trial

In an effort to facilitate case management and to reduce litigation expenses, the Trademark Trial and Appeal Board permits certain motions to be hear via telephone conference.  These include motions in the pleading phase, discovery phase, and/or the trial phase of a trademark opposition or trademark cancellation proceeding.

Examples of motions that the board may

Once a trademark opposition proceeding has been commenced, there are several procedural and substantive means by which the parties may bring about an amicable resolution of their dispute. Knowing how to effectively negotiate a favorable outcome is essential.

Substantive strategies to settle a trademark opposition proceeding include:

1. By Amendment: by narrowing the identification

The Trademark Trial and Appeal Board offers a helpful frequently asked questions section that provides basic information regarding the trademark opposition and trademark cancellation process.  Various Trademark Trial and Appeal Board subjects are summarized, including:

  • What is a Trademark Opposition?  A trademark opposition is when one party contests the application for registration of a

A substantial number of trademark opposition cases before the Trademark Trial and Appeal Board are settled prior to a final determination on the merits.   The Board encourages parties to engage in settlement discussions early in the process, and has made these discussions part of the mandatory discovery conference between the parties.

Do the parties take

When served with a Notice of Opposition or Petition for Cancellation, it is the first inclination of many parties to consider not hiring a trademark lawyer in an effort to save money. Is representing yourself in a trademark opposition or trademark cancellation proceeding a wise investment?  Probably not.

The Trademark Trial and Appeal Board (TTAB)

A trademark opposition is the result of a third–party filing a notice of opposition against a trademark owner’s application for registration of their trademark. A notice of opposition must be filed within 30 days after publication of the trademark application the official Gazette of the United States patent and trademark office.

The notice of opposition

A trademark opposition proceeding is commenced by timely filing a Notice of opposition with the United States Patent and Trademark Office.  According to USPTO rules, any person who believes that he/she may be damaged may file an opposition against a pending trademark application.  While the term “any person” is construed broadly for purposes of filing

To a trademark opposer, the filing of a trademark opposition is a serious matter with an uncertain outcome.  If an opposer loses a trademark opposition case, the trademarks on which it is relying to bring the opposition can be further weakened.  On the other hand, if a trademark applicant loses a trademark opposition then the