The Hook ’em Horns of the University of Texas earned a big win in a recent trademark opposition proceeding.  This is an interesting sports trademark case.

The case, the Board of Regents of the University of Texas v. Kendall A. Beaver, was brought by UT against the owner of the following trademark application:

Trademark image

The Applicant’s

A trademark registration for the mark PROHEAR for audio headphones and related goods has been cancelled based on a likelihood of confusion with the mark PROTEAR for similar goods.   The trademark cancellation proceeding was filed and decided before the U.S. Trademark Trial and Appeal Board.

The case, Hangzhou Zhaohu Technology Co., Ltd. v. Hangzhou Johnson

Non profit trademark owners can be protective about their brand names, too.

Competing Alzheimer’s foundations recently battled it out in a trademark opposition before the Board.  In the end, the Board was more charitable to the Opposer, ruling in its favor on its likelihood of confusion claim.

Background.  In Alzheimer’s Disease and Related Disorders Association

U.S. trademark expungement and reexamination proceedings are now available.  This constitutes a major development in U.S. trademark practice.  A result of the U.S. Trademark Modernization Act., the new rules became effective December 18, 2021.

As ex parte proceedings, trademark reexamination and expungement have the potential to be more efficient and less expensive than trademark cancellation

This is a second-part of an article regarding U.S. Trademark Opposition strategies.

U.S. trademark opposition proceedings need not be expensive or protracted.  This is one of the surprising conclusions for global trademark owners who seek to protect their rights in the United States.

Commencement of action.  Under U.S. law, trademark applications that have been approved

Third-parties routinely seek extensions of time to file a Notice of Opposition against pending trademark applications.  The time to oppose a trademark application is 30 days from the date of publication.   An additional 30-day extension will be granted upon request, while 90 day extensions must allege good cause.

Below is a list of representative trademark

The U.S. Patent and Trademark Office  (USPTO) has adapted to the COVID-19 era.  Yet, performance challenges in certain operational areas remain.  This is the conclusion of the USPTO FY 2020 Annual Report.  Our previous article on TTAB statistics in the age of COVID-19 may be found here.

TTAB FY 2020 performance.   The TTAB is responsible

Recent TTAB filing statistics reveal that COVID-19 has not substantially impacted U.S. trademark opposition filings.  While trademark opposition filings are slightly below pace compared to last year, trademark cancellation activities are on the rise.  This is good news for brand owners and practitioners everywhere.  Our previously reported summary of 2019 TTAB statistics may be found