Insight on Opposition & Cancellation Proceedings
We often receive inquiries from domestic and international companies on how to oppose a U.S. trademark application that is filed with the United States Patent and Trademark Office. There are several components to this question that require a brief explanation.
What is an Opposition? When a party files a trademark application in the United States,…
U.S. Trademark application filings are steadily on the rise, according to 2013 year-end figures released by the U.S. Patent and Trademark Office.
Electric and scientific apparatus goods in International Class 9 continue to be the leading class of goods for which U.S. trademark protection is being sought in the Trademark Office, with Advertising and…
The Trademark Trial and Appeal Board recently denied an ex parte appeal from a refusal to register the trademark ON Q SMOKEHOUSE GRILL and Design based on a likelihood of confusion with a preexisting registration of the mark ON Q CLUB® in the name of On Q Billiards, Inc.
Flo Enterprise LLC (“Applicant”) sought registration…
In a recent decision under Section 2(d) of the Trademark Act, the United States Trademark Trial and Appeal Board analyzed what factors make a trademark arbitrary and strong for purposes of a likelihood of confusion analysis. Indigo Star, Inc. and H2d Properties, Inc. v. Patti’s Enterprises, L.L.C.
Applicant filed two applications for the trademark THE…
The U.S. Trademark Trial and Appeal Board has ruled in favor of Pepsi-Cola in a trademark opposition case filed by the New York beverage giant against a pro se applicant in the matter of Pepsico, Inc. v. Jay Pirincci.
The Applicant had sought registration of the mark CAN DEW for nutritional drink mixes to…
