Tag: TTAB
Can Incontestable Trademarks Be Cancelled?
Incontestable trademarks are like super-trademarks: they are even more protected than your run-of-the-mill marks. Incontestable marks are marks that have been listed on the Federal Register and have been in use for more than five years. Once this magical five-year window has passed, the mark automatically adopts one very important and powerful protection: it is… READ MORE
How to Cancel a Generic Trademark
To remove a trademark from the Federal Register, a petitioner can file what is known as a Petition to Cancel with the Trademark Trial and Appeal Board (TTAB). The TTAB is an adjudicatory body within the United States Patent and Trademark Office (USPTO). If a petitioner succeeds, the disputed mark will be removed from the… 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
What is a Trademark Opposition Proceeding?
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… READ MORE
What is the Trademark Trial and Appeal Board?
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… READ MORE