Recent TTAB filing statistics reveal that COVID-19 has not substantially impacted U.S. trademark opposition filings.  While trademark opposition filings are slightly below pace compared to last year, trademark cancellation activities are on the rise.  This is good news for brand owners and practitioners everywhere.  Our previously reported summary of 2019 TTAB statistics may be found

The impact of COVID-19 TTAB filing activities is still too soon to tell.   But recent TTAB statistics provide a glance as compared to YTD activities from the preceding yearly period.

TTAB filings from October 2019 through March 2020 are summarized below.  The percentage change over the same period in 2019 is reflected in parentheses:

  • Trademark

A recent trademark opposition found no likelihood of confusion between two apparel trademarks.

In Garan Incorporated and Garan Services Corp. v. Manimal LLC , the Opposer is the owner of the well-known GARANIMAL brand of children’s clothing.  The applicant sought registration of the mark MANIMAL for a wide variety of men’s women’s and children’s clothing,

TTAB filing statistics for 2019 reveal an increase in contested proceedings combined with greater delays in rendering final decisions.

The data, made available by the U.S. Trademark Trial and Appeal Board, reflects an increase in activity by litigants in both trademark opposition and trademark cancellation proceedings.   Our 2018 summary is found here.  Relevant 2019 data

It is important to consider your options prior to filing an Answer if your trademark application is opposed.

Trademark Opposition.   A trademark opposition is an inter-partes proceeding before the U.S. Trademark Trial and Appeal Board.  Any third-party may file a notice of opposition against a trademark on one or more several grounds.  These include that

Before filing a trademark opposition, be sure to assess whether you will be likely to prevail. By doing so, you can potentially save thousands of dollars in attorney’s fees and avoid subjecting your brand to unnecessary risks.

The determination of whether to file a trademark opposition to contest a third-party’s trademark application is not always

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