Insight on Opposition & Cancellation Proceedings
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)…
Parties to trademark oppositions have tools at their disposal that have the potential to save money on trademark opposition attorneys by bringing about a swift resolution of the dispute. This is the idea behind the Accelerated Case Resolution (ACR) program of the Trademark Trial and Appeal Board.
ACR allows for the parties to receive a…
Trademark applicants who are faced with a notice of trademark opposition have many online resources available to them in order to better acquaint themselves with the various statutes and rules that govern trademark opposition proceedings.
The United States Patent and Trademark Office website is the first and primary resource for learning about trade Mark oppositions. …
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…
As any trademark opposition attorney knows, you do not always get to choose your opponents. Some opposing counsel are cooperative, professional, and seek common ground between the trademark opposer and trademark applicant. This approach often results in a favorable result for both parties. There are times, however, when an opposing trademark lawyer takes a “win…
To trademark opposition attorneys, winning a trademark opposition should mean one thing and one thing only: achieving a favorable outcome for the client. In this regard, a successful conclusion to a trademark opposition can take one of two main forms: (1) judgment on the merits; or (2) a negotiated settlement.
Judgment on the Merits…
It’s quite often been said that “ignorance of the law” is no excuse. This is particularly true in the case of U.S. trademark opposition attorneys and trademark cancellation lawyers who practice before the U.S. Trademark Trial and Appeal Board.
Under U.S. law and federal regulations, all U.S. trademark opposition and petition to cancel proceedings are…
