A recent trademark opposition found no likelihood of confusion between two apparel trademarks.
In Garan Incorporated and Garan Services Corp. v. Manimal LLC , the Opposer is the owner of the well-known GARANIMAL brand of children’s clothing. The applicant sought registration of the mark MANIMAL for a wide variety of men’s women’s and children’s clothing,
TTAB filing statistics for 2019 reveal an increase in contested proceedings combined with greater delays in rendering final decisions.
The data, made available by the U.S. Trademark Trial and Appeal Board, reflects an increase in activity by litigants in both trademark opposition and trademark cancellation proceedings. Our 2018 summary is found here. Relevant 2019 data
A trademark registration for nutritional supplements was recently cancelled by the U.S. Trademark Trial and Appeal Board.
Background. The case, Food Global Innovation GP LLC v. Tuong Nguyen, sought cancellation of U.S. Reg. No. 4799824 of VITASTRONG and Design was nutritional and herbal supplements. The grounds for cancellation were abandonment. The Petitioner had
A petition to cancel a trademark for abandonment is becoming more common. This is due, in part, to the USPTO’s recent focus on clearing the registry of “deadwood” trademarks.
Trademark registrations that are subject to cancellation have one of two characteristics:
A trademark cancellation proceeding for likelihood of confusion was recently decided by the Board. It is a good lesson in evidentiary best practices.
In Marco Industries, Inc. v. Mark White, the Petitioner sought to cancel U.S. Reg. No. 4880452 of VITABUD GROW for fertilizers in International
It is important to consider your options prior to filing an Answer if your trademark application is opposed.
Trademark Opposition. A trademark opposition is an inter-partes proceeding before the U.S. Trademark Trial and Appeal Board. Any third-party may file a notice of opposition against a trademark on one or more several grounds. These include that
Practical Advice for TTAB proceedings was the subject of a session at INTA Boston 2019.
The topics of discussion were as follows:
Difference between TTAB and District Court. Proceedings before the TTAB are usually more narrow and streamlined. This is due, in large part, on the limited jurisdiction of the Board to issues of registrability
A recent petition to cancel a trademark registration is a good lesson in what constitutes a well-drafted cause of action.
In Bonehead Brands, LLC v. Direct Impulse Design, Inc., Petitioner sought to cancel Reg. No. 3182681 of the mark BONE HEAD OUTFITTERS and Design for various apparel items in International Class 25. The Respondent
Updated: December 2024
U.S. Trademark Opposition: FAQ
A trademark opposition is a contested proceeding before the U.S. Trademark Trial and Appeal Board. Any third-party may oppose the trademark application of another party. An opposition may be filed only when the subject application is published in the Official Gazette of the U.S. Patent and Trademark Office. The time to file an opposition is within 30 days of publication. Extensions of time to file an opposition may be granted for an additional 30 days upon request, and up to 90 days for good cause shown.
Continue Reading Trademark Opposition Checklist for Opposers
In a trademark opposition proceeding, a party alleging a likelihood of confusion pursuant to Section 2(d) of the Trademark Act is required to establish specific elements of proof. If you are a potential opposer, you will have the burden of proving the following evidentiary factors by a preponderance of the evidence:
Standing. Standing is a