A trademark opposition may be filed based on one of several grounds. This includes that the mark is merely descriptive and should be refused registration pursuant to Section 2(e)(1) of the Trademark Act.
A trademark is assessed on a continuum of legal strength. The strongest trademarks (and thus most eligible for trademark protection) are arbitrary
A motion for summary judgment in a trademark opposition or trademark cancellation proceeding before the Trademark Trial and Appeal Board (TTAB) can be an effective strategy. Summary judgment motions are often are filed near or at the end of discovery, prior to the trial phase of the case. Sometimes, summary judgment motions are brought even
Over 5,000 U.S. trademark oppositions are filed against trademark applications every year. Often, the opposer is a competitor of the applicant or a company that believes that it would be damaged if the U.S. trademark application were to proceed to registration.
Here are considerations to take into account when determining whether to file a U.S.
A recent trademark opposition decision by the U.S. Trademark Trial and Appeal Board is an example in how an Opposer should properly establish use analogous to trademark use.
In Dexas International, Ltd v. Ideavillage Products Corp., the Opposer filed an Opposition against Applicant’s Mark, SNACKEEZ DUO for “beverage ware; household containers for foods; thermal
A recent trademark cancellation action by Major League Baseball against an individual who had a registration for sports apparel is another victory for well-established brand names.
In Major League Baseball Properties, Inc. v. Christopher Webb, MLB petitioned to cancel U.S Reg. No. 4472701 for the mark MAJOR LEAGUE ZOMBIE HUNTER and design, for “clothing,
Prevailing in a TTAB opposition proceeding against a food and beverage company proves to be sweet for the makers of Nutella.
In Ferrero S.p.A. v. Ruchi Soya Industries Limited, Ferrero, who is the owner of the NUTELLA spread brand, opposed Applicant’s mark NUTRELA for a wide variety of food and beverage products in International
No likelihood of confusion this time as the TTAB finds beer and wine to be unrelated goods.
In Justin Vineyards & Winery LLC v. Crooked Stave, LLC, Applicant Crooked Stave, LLC sought registration of the word mark HOP SAVANT, with “HOP” disclaimed, for “beer” in International Class 32. Opposer Justin Vineyards and Winery
A recent trademark opposition is a lesson in what happens when there is a crowded field of similar trademarks.
In Inter-Industry Conference on Auto Collision Repair v. LM Industries Group, Inc., Applicant sought registration of the mark ICAR or land vehicles in International Class 12. Opposer filed a notice of opposition against the ICAR application
Trademark opposition proceedings are civil litigations before the U.S. Trademark Trial and Appeal Board (TTAB).
Revised December 2, 2024
The following trademark opposition checklist will help you determine whether your company should bring a trademark opposition proceeding against a trademark applicant.
Companies that wish to enforce their trademark rights through TTAB
More than 5,000 trademark oppositions are filed every year.
One of the grounds for bringing a trademark opposition is that the application is likely to cause confusion with the Opposer’s preexisting trademark.
Yet many trademark opposers are unsuccessful and have their cases dismissed.
So prior to filing a notice of opposition, it is advisable
