A recent petition to cancel a trademark registration is a good lesson in what constitutes a well-drafted cause of action.
In Bonehead Brands, LLC v. Direct Impulse Design, Inc., Petitioner sought to cancel Reg. No. 3182681 of the mark BONE HEAD OUTFITTERS and Design for various apparel items in International Class 25. The Respondent
The Trademark Trial and Appeal Board recently released its TTAB filing statistics for fiscal year 2018. These updated figures include year-to-year changes in the filing of appeals, notices of oppositions, and petitions for cancellations. It also provides useful information on the disposition of cases.
Highlights include the following: (percentage in parentheses signifies change over 2017)
A motion for summary judgment in a trademark opposition or trademark cancellation proceeding before the Trademark Trial and Appeal Board (TTAB) can be an effective strategy. Summary judgment motions are often are filed near or at the end of discovery, prior to the trial phase of the case. Sometimes, summary judgment motions are brought even
A recent trademark cancellation action by Major League Baseball against an individual who had a registration for sports apparel is another victory for well-established brand names.
In Major League Baseball Properties, Inc. v. Christopher Webb, MLB petitioned to cancel U.S Reg. No. 4472701 for the mark MAJOR LEAGUE ZOMBIE HUNTER and design, for “clothing,
Trademark opposition proceedings are civil litigations before the U.S. Trademark Trial and Appeal Board (TTAB).
The following trademark opposition checklist will help you determine whether your company should bring a trademark opposition proceeding against a trademark applicant.
Companies that wish to enforce their trademark rights through TTAB proceedings should take into
More than 5,000 trademark oppositions are filed every year.
One of the grounds for bringing a trademark opposition is that the application is likely to cause confusion with the Opposer’s preexisting trademark.
Yet many trademark opposers are unsuccessful and have their cases dismissed.
So prior to filing a notice of opposition, it is advisable
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
Trademark cancellation due to abandonment is the subject of a recent decision by the Trademark Trial and Appeal Board.
In Yazhong Investing Ltd. v. Multi-Media Tech. Ventures, Ltd., the Petitioner sought to cancel four registrations of the Respondent. The grounds for cancellation were fraud and abandonment. Petitioner also
The U.S. Trademark Trial and Appeal Board has disclosed first and second quarter filing and pendency statistics for 2018. Year to date (YTD) statistics as compared to the same period in 2017 include the following:
U.S. Trademark Trial and Appeal Board filings
Food for thought. A trademark cancellation may result from abandonment of a trademark.
In Local Foods LLC v. Foodsmith Bowen Osborn, the Petitioner sought cancellation of Registrant’s FOODSMITH and Design trademark for “health food, namely freshly prepared meals consisting primarily of local and organic meat, fish poultry, vegetables, properly proportioned, for delivery and pickup”
