Insight on Opposition & Cancellation Proceedings
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…
I am a trademark opposition lawyer that charges a flat-fee for my services. Charging one, flat fee for a trademark opposition case is advantageous to my clients for the following reasons:
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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…
In discussing how a trademark opposition works, it is helpful to go over the basics of what a trademark opposition is, and what to expect as the case proceeds.
A trademark opposition is when one party elects to oppose the existing trademark application of another party due to one of several grounds, such as the…
Let’s suppose that your business has filed a trademark application, and it has been approved for registration by the United States Patent and Trademark Office. Does that mean that you now have been awarded a trademark registration? No!
Each and every trademark application that gets approved for registration first must be published in the Official…
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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The Trademark Trial and Appeal Board (TTAB) is an administrative board of the United States Patent and Trademark Office. The TTAB hears and decides adversary proceedings between two parties, namely, oppositions (party opposes a mark after publication in the Official Gazette ) and cancellations (party seeks to cancel an existing registration). The TTAB also handles…
