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trademark genericide

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. Most recently, Google’s trademark status was challenged unsuccessfully as reported here. The US Court of Appeals ruled this month that Google still retains its trademark even though “google” has become synonymous withXerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic. Most recently, Google’s trademark status was challenged unsuccessfully as reported here. The US Court of Appeals ruled this month that Google still retains its trademark even though “google” has become synonymous with

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 toThe 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

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 stillA 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

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 CancelInter 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

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 trademarkTrademark 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