A trademark cancellation proceeding for likelihood of confusion was recently decided by the Board. It is a good lesson in evidentiary best practices.
In Marco Industries, Inc. v. Mark White, the Petitioner sought to cancel U.S. Reg. No. 4880452 of VITABUD GROW for fertilizers in International
Trademark cancellation proceedings based on abandonment continue to present challenges to trademark registrants. In the latest case before the US Trademark Trial and Appeal Board, however, the registrant’s trademark registration was spared.
In AD5 Inc. v. Jennifer M. Estes dba #SELFiE T’s, the Petitioner sought to cancel Reg. No. 4642072 of the Registrants #SELFIE
A trademark opposition involving beverage trademarks was the subject of our most recent post. Now, we review a trademark cancellation dispute between two beverage trademark owners. In both proceedings, the grounds were a likelihood of confusion pursuant to Section 2(d) of the Trademark Act.
While seeking to cancel a trademark registration on the grounds that is generic is often difficult to prove, it is not impossible. Therefore, it is always prudent to be familiar with applicable rules and case law.
A generic term is the common descriptive term of a class of goods or services. Generic terms can never
Tyler Perry is one successful businessman – and now new trademark owner.
Mr. Perry, the acclaimed actor, writer, and producer, has prevailed in cancelling the trademark registration of “What Would Jesus Do” (“WWJD”) of the television personality, Kimberly Kearney. The case is Tyler Perry Studios, LLC v. Kimberly Kearney.
Kearney, one of the contestants
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:
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)
A petition for cancellation of a U.S. trademark registration is available to any party who believes that an already existing federal trademark registration should not be allowed to remain an active registration due to a variety of grounds, including abandonment of the trademark.
What is meant by trademark abandonment and how is it proven?
The Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office (“USPTO”) is the administrative forum that adjudicates all trademark opposition and cancellation proceedings that are filed in the United States Patent and Trademark Office. A case is commenced by the filing of a Notice of Opposition (in the case of
In the market for a trademark law firm? Keep it simple by thinking like a consumer and try to find the best quality lawyer or trademark law firm at the most competitive price. In choosing a trademark lawyer, be mindful to take into account the following factors: