Insight on Opposition & Cancellation Proceedings
As has been discussed in prior postings, the Trademark Trial and Appeal Board’s rules for U.S. Trademark Opposition and U.S. Trademark Cancellation proceedings are contained in the Trademark Board Manual of Procedure (“TBMP”) an over 1,000 page “how-to” guide of handling inter-partes matters before the Board.
The purpose of the TBMP is to provide trademark…
Many companies facing a trademark opposition are unfamiliar with the ramifications of a notice of opposition and how it could impact their business. Here are some things to remember when your trademark application is opposed:
Trademark Oppositions are Civil Litigation
An opposition proceeding is a form of civil litigation that is heard before the Trademark…
As a trademark opposition attorney, I have first-hand knowledge of trademark bullying tactics that are designed to outspend and harass small business trademark applicants into abandoning their trademark application. The practice also spills into federal court actions for trademark infringement, cyberquatting, and other related matters. This phenonemnon is very real.
As part of the Trademark…
Domain name infringement is one of the greatest threats that trademark owners face in protecting their valuable brand names. Why? Because registering a domain name is relatively fast and inexpensive, giving unscrupulous individuals ample opportunity to abuse the legitimate rights of trademark owners.
Domain name disputes arise from two common types of infringing activities:…
Have you been served with a Notice of Opposition to your trademark application?
If so, yours is one of the hundreds of trademark opposition proceedings that are filed against trademark applicants every year.
Always consider taking the following steps upon receiving a Notice of Opposition.
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As a Connecticut trademark attorney, I often advise clients on the trademark registration process and what legal rights a United States Trademark registration grants. Since there are many misunderstandings about trademark law, it is worthwhile to briefly discuss some best practices on how to protect trademarks and brand names here:
1. Begin with a Full…
Recent Notice of Opposition proceedings or extensions of time that have been filed in the past week include the following:
Opposition No. 91203542: Urban Outfitters v. Urban Outlet
Here, the hip urban retailer seeks to prevent registration of the trademark Urban Outlet, by the company of the same name. The opposition alleges that the applicant’s…
I am a trademark opposition lawyer that charges a flat-fee for my services. Charging one, flat fee for a trademark opposition case is advantageous to my clients for the following reasons:
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As a trademark lawyer that handles trademark opposition and trademark cancellation cases, I have a simple philosophy in dealing with the business and legal challenges that my clients face as a result of being involved in litigation proceedings before the Trademark Trial and Appeal Board.
1. Listen to the Client
It is often difficult for…
In discussing how a trademark opposition works, it is helpful to go over the basics of what a trademark opposition is, and what to expect as the case proceeds.
A trademark opposition is when one party elects to oppose the existing trademark application of another party due to one of several grounds, such as the…
