Not all trademark opposition proceedings proceed to a final decision. In fact, the vast majority of trademark opposition disputes are resolved between the parties or involve trademark mediation. Estimates are that over 90% of cases before the U.S. Trademark Trial and Appeal Board amicably settled before trial.
Short of the cost and expense of
For purposes of likelihood of confusion, not all beverage trademarks are created equal.
In Patrón Spirits International AG v. Conyngham Brewing Company, the Applicant sought registration of the mark PIRATE PISS for “beer, ale, and lager” in International Class 32. Opposer Patron had opposed the application based on its ownership of the previously registered
We recently spoke with Thomas Huthwaite, senior associate at Baldwins, to discuss New Zealand trademark protection issues. Thomas has been named as “one to watch’” by the Legal 500 Asia-Pacific.
Please tell us a little about your trademark and brand protection practice.
I am a New Zealand barrister and solicitor, and registered Patent Attorney. Since
When it comes to trademark oppositions, it pays to be Kühl.
In Alfwear Inc. v. Shuff, the U.S. Trademark Trial and Appeal Board was asked to consider whether the Applicant’s KU:L and design trademark for bicycles in International Class 12 created a likelihood of confusion with Opposer’s asserted “family” of KUHL trademarks for inter alia
(This article has been updated for 2025).
How to answer a trademark opposition is an important first step in defending your trademark rights. This guide brings everything you need to know about answering a trademark opposition.
Trademark opposition proceedings are contested matters before the U.S. Trademark Trial and Appeal Board (TTAB).
The complaint, known as a Notice of Opposition, is filed by the Opposer, who may allege several grounds for refusal of a trademark application.
Once the Notice of Opposition has been served upon the Defendant, the TTAB will issue an Order setting forth the relevant dates for each successive phase of the proceeding.
This includes the time to file an Answer, the initial conference, initial disclosures, discovery, and trial dates.
The failure to comply with the case management dates could irreversibly jeopardize a party’s rights.
Here are six steps to consider when preparing and filing an Answer to a Notice of Opposition
When a brand owner’s trademark application is opposed, there is a helpful checklist that it should consider. By doing so, it will help the applicant assess the merits of the case, and determine the best course of action moving forward. Here are some of the top defenses that can call into question the likelihood of
Carl’s Jr. has prevailed in a surprising trademark opposition before the United States Trademark Trial and Appeal Board.
In Carl’s Jr. Restaurants LLC v. AKM Food Svcs. LLC., the Applicant, AKM filed a trademark application for THE GREEN PEPPER in standard characters, for restaurant services in International Class 43. Carl’s Jr. filed a notice
What happens when a trademark application is opposed and then the Opposer does not follow the rules? In the case of West Indies Trading Company LLC v. Nicole Averette, a quick dismissal that is a lesson in the importance of form over substance.
In West Indies, the trademark Opposer filed a trademark
Given the burden of proof necessary to establish a finding of trademark genericness, it comes as no surprise that a recent Trademark Trial and Appeal Board decision affirmed this principle of trademark law.
In the trademark opposition case Frito-Lay North America Inc. v. Real Foods Pty. Ltd., Applicant sought to register two trademarks,
the Opposer opposed the intent to use application of Applicant’s mark HALO for handbags, briefcases, electric adapters and a wide variety of other business accessories on the ground of likelihood of confusion under Section 2(d) of the Trademark Act. As the basis