Tag: trademark cancellation
Trademark Genericide: How To Protect Your Brand
Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic, what we call Trademark Genericide. Most recently, Google’s trademark status was challenged unsuccessfully as reported here. By enforcing trademark rights we help protect your trademark. The US Court of Appeals ruled this month that Google still retains… READ MORE
Who has Standing to Oppose or Cancel My Trademark?
The first question in any trademark opposition or cancellation proceeding is likely a question of whether the opposer (for opposition proceedings) or petitioner (for cancellation proceedings) has standing to pursue the action. The rules for establishing standing, meaning a sufficient interest in the mark to litigate, are relatively easy to establish and are generally considered… READ MORE
What is a Trademark Cancellation Proceeding?
A trademark cancellation proceeding is an administrative proceeding, similar to a civil federal lawsuit, before the Trademark Trial and Appeal Board (TTAB) in which one party requests that a registered trademark be cancelled. In other words, a mark that has successfully made its way through the trademark registration process still remains subject to cancellation by… READ MORE
Trademark Opposition and Cancellation Procedure
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… READ MORE
Grounds for Trademark Opposition and Cancellation Proceedings
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… READ MORE