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 are increasingly seeking…

While the term trademark infringement is less than 140 characters, its implications could be costly to a ubiquitous online communications giant.

Twitter, the online news and social networking service, has been accused of trademark infringement and breach of contract by TWiT LLC.   The suit, TWiT LLC v. Twitter, Inc., (N.D. Cal. January 2018) alleges…

How prevalent is trademark infringement?  According to a recent Compumark Clarivate Analytics report, global brands fall victim to it at an alarming rate.

The report, The Trademark Ecosystem: Insights from Intellectual Property Professionals around the World, is a compelling read.  It is the result of a survey of more than 300 trademark professionals…

When it comes to trademark oppositions, it pays to be Kühl.

In Alfwear Inc. v. Shuff, the U.S. Trademark Trial and Appeal Board was asked to consider whether the Applicant’s KU:L and design trademark for bicycles in International Class 12 created a likelihood of confusion with Opposer’s asserted “family” of KUHL trademarks for inter alia

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:

  • Trademark 0pposition filings

A recent survey of global companies found that trademark infringement is on the rise.   The survey was conducted by Compumark, a leader in trademark research and brand protection solutions.   Despite the fact that 80 percent of the executives polled believe that trademark infringement is a growing problem, only fifty percent admitted to having comprehensive…

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…

In a case that could have far-reaching implications, the U.S Supreme Court  has ruled that an Asian-American rock band is entitled to a federal trademark registration of its name.

The band, The Slants, had originally had its trademark application refused by the Trademark Office because “the applied-for mark consists of or includes matter which may…

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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…