Category: Trademark Law

Trade Dress Protection

Trade Dress Protection

Trademark Law

Product colors, labels and packaging often catch the eye of consumers. Businesses work very hard to ensure that consumers recognize their products, because not only will they purchase a product that is aesthetically pleasing, but also brand mark that they trust.  So how can business owners protect their mark and the physical appearance of their […]

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Trademark Opposition and Cancellation Procedure

Trademark Opposition and Cancellation Procedure

Trademark Law

Inter parte proceedings before the Trademark Trial and Appeal Board largely consist of trademark opposition and cancellation proceedings. These proceedings are similar to federal civil lawsuits, but the procedure is different. For an explanation of the process, continue reading. What Happens After a Notice of Opposition or Petition to Cancel is Filed? After the Notice […]

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Grounds for Trademark Opposition and Cancellation Proceedings

Grounds for Trademark Opposition and Cancellation Proceedings

Trademark Law

Trademark opposition and cancellation proceedings are administrative proceedings that are similar to a lawsuit in federal court. The first question in any opposition or cancellation proceeding is whether the opposer or petitioner has standing. We reviewed the standards for standing here. Now we will address the substantive merits of trademark opposition and cancellation proceedings. Grounds […]

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What is a Trademark Opposition Proceeding?

What is a Trademark Opposition Proceeding?

Trademark Law

A trademark opposition proceeding is an administrative proceeding, similar to a civil federal lawsuit, before the Trademark Trial and Appeal Board (TTAB) in which one party seeks to prevent another from registering a trademark. To understand trademark opposition proceedings, you must first understand the trademark process as whole. You can read our summary of the […]

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What is the Trademark Trial and Appeal Board?

What is the Trademark Trial and Appeal Board?

Trademark Law

The Trademark Trial and Appeal Board (TTAB) is an administrative body within the United States Patent and Trademark Office (USPTO) that is responsible for hearing and deciding certain kinds of trademark issues. Specifically, the TTAB hears appeals from the USPTO examining attorney decisions that trademarks should not be registered. Further, the TTAB hears inter partes […]

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Trademark Early and Often

Trademark Early and Often

Trademark Law

Trademark Law 101   A trademark can be a word, phrase, logo, or combination of the three. This “mark” serves a specific purpose: it identifies the source of goods or services. The purpose of trademark law is to avoid consumer confusion.   When you use an inherently distinctive mark “in commerce,” you automatically obtain trademark […]

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Trademark Strength Spectrum

Trademark Strength Spectrum

Trademark Law

Mark strength is a measure of the distinctiveness of a trademark and can be represented on a linear scale, or as we call it, the Trademark Strength Spectrum. At one end of the scale are the strongest and most distinctive trademarks, such as arbitrary and fanciful marks. At the other are suggestive marks and descriptive […]

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