Food for thought. A trademark cancellation may result from abandonment of a trademark.
In Local Foods LLC v. Foodsmith Bowen Osborn, the Petitioner sought cancellation of Registrant’s FOODSMITH and Design trademark for “health food, namely freshly prepared meals consisting primarily of local and organic meat, fish poultry, vegetables, properly proportioned, for delivery and pickup”
Trademark opposition costs in the United States are some of the highest in the world.
Estimates for a full trial on the merits before the U.S. Trademark Trial and Appeal Board can exceed $100,000 or more compared to half the cost in other countries.
It’s no wonder why inhouse trademark counsel is increasingly seeking
Trademark opposition filings increased in 2016, according to a recent report released by the United States Patent and Trademark Office. A summary of comparative 2015 findings can be found in our publication here.
Highlights of the report include the following performance statistics for 2016 U.S. Trademark Trial and Appeal Board activities:
(This article has been updated for 2025).
How to answer a trademark opposition is an important first step in defending your trademark rights. This guide brings everything you need to know about answering a trademark opposition.
Trademark opposition proceedings are contested matters before the U.S. Trademark Trial and Appeal Board (TTAB).
The complaint, known as a Notice of Opposition, is filed by the Opposer, who may allege several grounds for refusal of a trademark application.
Once the Notice of Opposition has been served upon the Defendant, the TTAB will issue an Order setting forth the relevant dates for each successive phase of the proceeding.
This includes the time to file an Answer, the initial conference, initial disclosures, discovery, and trial dates.
The failure to comply with the case management dates could irreversibly jeopardize a party’s rights.
Here are six steps to consider when preparing and filing an Answer to a Notice of Opposition
When your company is faced with a trademark opposition, there are many misconceptions of what it is and what it is not. Be sure to have a clear understanding of what to expect to help guide your decision making process.
Governing Rules. Trademark oppositions in the United States are heard before the U.S. Trademark Trial
When a brand owner’s trademark application is opposed, there is a helpful checklist that it should consider. By doing so, it will help the applicant assess the merits of the case, and determine the best course of action moving forward. Here are some of the top defenses that can call into question the likelihood of
Carl’s Jr. has prevailed in a surprising trademark opposition before the United States Trademark Trial and Appeal Board.
In Carl’s Jr. Restaurants LLC v. AKM Food Svcs. LLC., the Applicant, AKM filed a trademark application for THE GREEN PEPPER in standard characters, for restaurant services in International Class 43. Carl’s Jr. filed a notice
What happens when a trademark application is opposed and then the Opposer does not follow the rules? In the case of West Indies Trading Company LLC v. Nicole Averette, a quick dismissal that is a lesson in the importance of form over substance.
In West Indies, the trademark Opposer filed a trademark
Given the burden of proof necessary to establish a finding of trademark genericness, it comes as no surprise that a recent Trademark Trial and Appeal Board decision affirmed this principle of trademark law.
In the trademark opposition case Frito-Lay North America Inc. v. Real Foods Pty. Ltd., Applicant sought to register two trademarks,
the Opposer opposed the intent to use application of Applicant’s mark HALO for handbags, briefcases, electric adapters and a wide variety of other business accessories on the ground of likelihood of confusion under Section 2(d) of the Trademark Act. As the basis