Posts Tagged ‘trademark cancellations’

Trademark Opposition Versus Trademark Cancellation: How to Know Which Applies

Monday, January 31st, 2011

The Trademark Trial and Appeal Board (TTAB) is the administrative body that decides trademark oppositions and trademark cancellations.  A trademark opposition is appropriate when a third party wishes to oppose the registration of the a pending trademark application.  A trademark cancellation is appropriate when a third party wishes to petition to cancel a registered trademark.  Thus, one must first determine whether the trademark is simply a pending application or a registered trademark.

To determine whether a trademark is pending or registered, you can access the trademark record via the Trademark Electronic Search System (TESS) of the United States Patent and Trademark Office (USPTO).  A pending trademark application will only have a Serial Number.  A registered trademark will have both a Serial Number and a Registration Number.  Moreover, a registered trademark will have a Registration Date.

Thus, once you have determined that you need to do something about this other trademark, it will be imperative for you to be able to identify whether you can file an opposition or a cancellation proceeding.  A trademark attorney can help you navigate both a trademark opposition and a trademark cancellation.

Trademark Opposition, Cancellation Proceedings at the TTAB

Monday, September 14th, 2009

Trademark Trial & Appeal Board Attorneys: The Trademark Trial and Appeal Board (TTAB) is an administrative body that handles proceedings to decide United States Patent and Trademark Office trademark matters. Specifically, the TTAB handles proceedings that may include appeals from the USPTO, denials of trademark registration, to current use proceedings, opposition proceedings, and trademark cancellations. TTAB decisions can be appealed to a United States District Court or directly to the United States Court of Appeals for the Federal circuit.

ANNOUNCER: Today’s program is brought to you by Traverse Legal. A law firm specializing in internet law, domain disputes, and technology company representation. That’s Traverse Legal Welcome to the Traverse Legal Radio tech spotlight. Now here’s your host Damien Allen.

DAMIEN ALLEN: Good afternoon and welcome to Traverse Legal Radio. My name is Damien Allen in the studio and today we’re speaking with Brian Hall. Brian Hall’s an attorney with Traverse Legal PLC. Brian’s practice focuses on trademark matters including trademark clearances and registrations, opposition and cancellation proceedings in front of the TTAB, licensing issues and federal court litigation. Brian also regularly handles domain dispute resolutions, internet law matters, and related business representation matters. Good afternoon Brian. How are you doing?

BRIAN HALL: Doing great. Glad to be here Damien.

DAMIEN: Well today we’re talking about trademark oppositions, trademark cancellations in front of the TTAB. Well, I guess the first question should be, what’s the TTAB? Continue reading Trademark Opposition, Cancellation Proceedings at the TTAB »

Trademark Attorneys Handling Trademark Oppositions and Trademark Cancellations in Front of the TTAB

Friday, September 4th, 2009

Traverse Legal, PLC is a private, independent law firm. Neither the law firm nor its attorneys and staff are endorsed by, affiliated with, connected to, sponsored by, approved by, or associated with the United States Patent and Trademark Office (USPTO), Trademark Trials and Appeal Board (TTAB), or any other governmental entity. While Traverse Legal, PLC and its attorneys appear before and argue trademark matters handled by the TTAB, we are not the TTAB.

The United States Patent and Trademark Office is responsible for the registration and prosecution of trademarks.  The Trademark Trial and Appeal Board (TTAB) is responsible for proceedings to decide matters related to trademarks.  These proceedings include appeals from USPTO Examining Attorneys’ denial of registration of a mark, opposition proceedings filed against trademark applications, trademark cancellation proceedings, and concurrent use proceedings.  TTAB administrative proceedings are similar to court proceedings in that a judge presides over the proceeding.  In addition, particular rules govern the practices and procedures in front of the TTAB.  These rules are captured in the Trademark Trial and Appeal Board Manual or Procedure, also known as the TBMP.

Traverse Legal can serve as your trademark attorney for all TTAB matters.  We have experience with trademark registrations, trademark litigation, and TTAB proceedings and can offer flat fee alternatives to suit your particular goals.  Contact a TTAB attorney today to discuss TTAB needs or call us toll free at 866.936.7447.