Posts Tagged ‘ttab’

TTAB Trademark Attorneys Learn From Other TTAB Decisions

Tuesday, February 1st, 2011

Each year the TTAB decides trademark opposition and trademark cancellation proceedings.  These TTAB decisions are all readily available, although not all of them are precedential.  Regardless, they offer insight into how the TTAB views particular issues.  As such, it is critical for TTAB attorneys to understanding the latest decisions as it pertains to trademark oppositions and trademark cancellations.

One of the best resources for doing so has been, and continues to be, The TTABlog®.  Recently, this resource has posted “The Top Ten TTAB decisions of 2010.”  These TTAB decisions cover various topics that become important when trying to determine whether a trademark will be successfully registered or maintained.  In the event that you are subject to a trademark opposition or a trademark cancellation, it will be critical for your TTAB attorney to understand these decisions.  Alternatively, should you wish to file a trademark opposition or a trademark cancellation, understanding prior TTAB decisions will help you determine your best strategic approach and the likelihood of success.

A Trademark Opposition May Be Your Only Choice

Monday, January 31st, 2011

Usually one who believes a pending trademark application or registered trademark infringes her trademark rights has the option to seek relief via either a United States Federal District Court or through the Trademark Trial and Appeal Board (TTAB).  In these scenarios, the TTAB may be more appealing because it generally is less costly, is less time intensive, allows for an easier dismissal by the plaintiff should negotiations resolve the issue.  On the other hand, a District Court can issue an order to enjoin any further use of the trademark, award financial relief including payment of costs and expenses, and allows a jury.

Unfortunately, trademark application that is filed based upon a bona fide intent to use it, commonly referred to as an intent to use trademark, is typically not subject to a lawsuit in a District Court.  This is true where no use in interstate commerce has occurred.  Therefore, your only course or relief at the time would likely be a trademark opposition proceeding in front of the TTAB.  This limited option also holds true in the event that a trademark applicant seeks to expand its previously established trademark rights in a foreign country via the USPTO, despite not having made a use in the United States.  Therefore, while a plaintiff seeking to protect her trademark rights typically has options as to how to redress the alleged infringement, a trademark opposition proceeding may be the only immediate option in the situations identified above.

You should contact a trademark opposition attorney and seek advice before deciding whether to pursue your claim in District Court or in the TTAB.

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 »