The Trademark Trial and Appeal Board is quick to throw the flag — just ask the NFL and New York Giants.

In the matter of In re New York Football Giants, Inc., the TTAB sent a strong signal in upholding the Trademark Examiner’s refusal to register the Giants’ trademark for G-MEN  for “shirts, t-shirts,

Take cover, a trademark gunfight is brewing!

The First Shot: Duke University

John Wayne, our matinee idol, the symbol of the American West, is being tested once again.  No, not on the silver screen, but before the U.S. Trademark Trial and Appeal Board.  His antagonist?  Duke University, best known for stellar academics, bucolic settings, and

Once a trademark opposition proceeding has been commenced, there are several procedural and substantive means by which the parties may bring about an amicable resolution of their dispute. Knowing how to effectively negotiate a favorable outcome is essential.

Substantive strategies to settle a trademark opposition proceeding include:

1. By Amendment: by narrowing the identification

The Trademark Trial and Appeal Board offers a helpful frequently asked questions section that provides basic information regarding the trademark opposition and trademark cancellation process.  Various Trademark Trial and Appeal Board subjects are summarized, including:

  • What is a Trademark Opposition?  A trademark opposition is when one party contests the application for registration of a

The term “trademarking” is one often used by businesses and almost never used by trademark lawyers.  The reason?  Because the phrase “trademarking” does not accurately reflect how US trademark law and protection works.

Under US trademark law, trademark rights are based on use of the trademark or brand name in commerce.  Therefore, strictly speaking, registration

A substantial number of trademark opposition cases before the Trademark Trial and Appeal Board are settled prior to a final determination on the merits.   The Board encourages parties to engage in settlement discussions early in the process, and has made these discussions part of the mandatory discovery conference between the parties.

Do the parties take

When served with a Notice of Opposition or Petition for Cancellation, it is the first inclination of many parties to consider not hiring a trademark lawyer in an effort to save money. Is representing yourself in a trademark opposition or trademark cancellation proceeding a wise investment?  Probably not.

The Trademark Trial and Appeal Board (TTAB)