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Trademark Cancellation and Priority Evidence

By James Hastings
Posted in Likelihood of Confusion, Trademark Cancellation

What are Trademark Cancellation and Priority Evidence? [Case Study]

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 Likelihood of Confusion

By James Hastings
Posted in Likelihood of Confusion, Trademark Opposition

In a trademark opposition proceeding, a party alleging a likelihood of confusion pursuant to Section 2(d) of the Trademark Act is required to establish specific elements of proof.  If you are a potential opposer, you will have the burden of proving the following evidentiary factors by a preponderance of the evidence:

Standing.  Standing is a…

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We created the Trademark Opposition Lawyer Blog in 2011 to provide companies with practical insight regarding TTAB contested proceedings. Our commentary on IP law has been featured in Bloomberg Legal, Corporate Counsel, Law.com, and other leading publications.

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