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
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The impact of COVID-19 TTAB filing activities is still too soon to tell. But recent TTAB statistics provide a glance as compared to YTD activities from the preceding yearly period.
TTAB filings from October 2019 through March 2020 are summarized below. The percentage change over the same period in 2019 is reflected in parentheses:
We recently spoke with Martin Hermida, intellectual property consultant at ClarkeModet in Uruguay, to discuss how COVID-19 has impacted Uruguay trademark opposition and cancellation rules and procedures.
1. How has the COVID-19 pandemic impacted your national trademark office’s policies and procedures regarding Uruguay trademark oppositions, cancellations, and invalidations?
The COVID-19 pandemic has not affected…
The USPTO has issued a policy about the coronavirus and trademark deadlines.
According to the statement, the USPTO considers the effects of the Coronavirus to be an “extraordinary situation” within the meaning 37 CFR 1.183 and 37 CFR 2.146 for affected trademark owners. While the new guidelines waive certain fees, they do not waive…
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,…
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…
Before filing a trademark opposition, be sure to assess whether you will be likely to prevail. By doing so, you can potentially save thousands of dollars in attorney’s fees and avoid subjecting your brand to unnecessary risks.
The determination of whether to file a trademark opposition to contest a third-party’s trademark application is not always…
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…
A trademark opposition may be commenced based on a likelihood of confusion with a prior registered mark. The statutory basis for a likelihood confusion cause of action may be found in Section 2(d) of the Trademark Act.
To prevail on a Section 2(d) claim, the Opposer must prove by a preponderance of the evidence…