Insight & commentary on TTAB Proceedings
The resolution of trademark opposition and trademark cancellation motions by telephone conference is discretionary with the Trademark Trial and Appeal Board. Generally, the Board may schedule a conference at the request of one or more parties, or on the Board’s own initiative.
Contacting the Trademark Board attorney. If a party believes that a matter may…
In an effort to facilitate case management and to reduce litigation expenses, the Trademark Trial and Appeal Board permits certain motions to be hear via telephone conference. These include motions in the pleading phase, discovery phase, and/or the trial phase of a trademark opposition or trademark cancellation proceeding.
Examples of motions that the board may…
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:
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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)…
To trademark opposition attorneys, winning a trademark opposition should mean one thing and one thing only: achieving a favorable outcome for the client. In this regard, a successful conclusion to a trademark opposition can take one of two main forms: (1) judgment on the merits; or (2) a negotiated settlement.
Judgment on the Merits…
It’s quite often been said that “ignorance of the law” is no excuse. This is particularly true in the case of U.S. trademark opposition attorneys and trademark cancellation lawyers who practice before the U.S. Trademark Trial and Appeal Board.
Under U.S. law and federal regulations, all U.S. trademark opposition and petition to cancel proceedings are…
As a trademark opposition attorney, I have first-hand knowledge of trademark bullying tactics that are designed to outspend and harass small business trademark applicants into abandoning their trademark application. The practice also spills into federal court actions for trademark infringement, cyberquatting, and other related matters. This phenonemnon is very real.
As part of the Trademark…
As a trademark lawyer that handles trademark opposition and trademark cancellation cases, I have a simple philosophy in dealing with the business and legal challenges that my clients face as a result of being involved in litigation proceedings before the Trademark Trial and Appeal Board.
1. Listen to the Client
It is often difficult for…
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?
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In choosing a trademark lawyer to handle your trademark infringement, trademark opposition or trademark cancellation matter, you should first satisfy yourself that they the particular trademark attorney or trademark law firm has the experience to handle your case. Certain factors that will help guide your decision may include:
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