Published By: James R. Hastings, Collen
Representing Clients before the TTAB
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…
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 “abandonment” and how is it proven?
In order…
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…
While it may come as a surprise to many business owners, a federal trademark registration does not grant the owner a 100% right to use the trademark in interstate commerce. How is this so? The answer lies mainly in the role and limited jurisdiction of the United States Patent and Trademark Office and Trademark Trial and…
The Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office (“USPTO”) is the administrative forum that adjudicates all trademark opposition and cancellation proceedings that are filed in the United States Patent and Trademark Office. A case is commenced by the filing of a Notice of Opposition (in the case of…
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…
