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
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Carl’s Jr Prevails in the Case of the Green Burrito®
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…
Follow the Rules in Trademark Opposition Proceedings
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…
Trademark Genericness Difficult to Prove
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,…
Team Kylie? Minogue Battles it out with Jenner for Trademark Rights
What’s in a name? In the case of two publicly-known personalities and merchandisers, it could mean millions of dollars.
Kylie Minogue, singer and actress, has filed a notice of opposition with the U.S. Trademark Trial and Appeal Board against Kylie Jenner’s application for registration of the mark KYLIE for a wide variety of goods and…
2015 Trademark Opposition and Cancellation Statistics
The United States Patent and Trademark Office recently released its TTAB filing and performance statistics for the fiscal year 2015.
While there have not been any substantial deviations from 2014 filing statistics, the recent Supreme Court decision in B & B Hardware, Inc. v. Hargis Industries, Inc. will most likely result in an increase…
Trademark Opposition Values for Trademark Owners
Each year, companies spend millions of dollars to protect their valuable brand names from competitors.
While a majority of such enforcement efforts take place online and in federal courts, one of the most effective tools for trademark enforcement resides within the confines of the U.S. Patent and Trademark Office: the trademark opposition.
Trademark Opposition Basics
Receive a Notice Of Opposition? You’re not Alone.
Each year, thousands of companies seek to register their trademarks with the United States Patent and Trademark Office. But there is an interesting fact that nationally-advertised trademark registration services do not publish: over 33% of trademark applications get refused by the U.S. Trademark Office.
That’s right: obtaining a trademark registration is more complicated than LegalZoom would like you to believe.
Even after the U.S. Patent and Trademark Office has preliminarily approved a trademark application, any company or individual who believes that it may be injured by the registration has the right to object to the trademark application. This is done by preparing and filing a Notice of Opposition with the U.S. Trademark Trial and Appeal Board.…
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Opposing a Trademark Application: Getting Started
When a company discovers that a competitor has filed a trademark application for a brand name that may be deemed confusingly similar to its own, it has an effective alternative to expensive U.S. District Court litigation: oppose the trademark application by filing a notice of opposition with the U.S. Trademark Trial and Appeal Board (“TTAB”).
Here are 3 considerations when considering to file a trademark opposition proceeding:…
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Trademark Opposition Case Considerations
Trademark owners who are considering whether to bring a trademark opposition should keep in mind the Boy Scouts® motto: be prepared. Not all trademark opposition cases are alike; therefore in assessing the strength of a particular case, it is wise to consider three elements that could have a significant impact on the likelihood of…