A comprehensive trademark portfolio management strategy not only includes securing rights through registration, but also includes a well-designed enforcement program. This includes monitoring the registration activities of third parties and taking necessary action through trademark opposition or cancellation proceedings to ensure continued protection of trademarks and brands.
Our attorneys are adept in the handling of domestic and international trademark oppositions, cancellations, and related trademark administrative proceedings. Our understanding of the specific procedures in each venue put us in a strong position to help protect and preserve our clients’ intellectual property rights.
Trademark Opposition and Cancellation Proceedings
Trademark opposition and cancellation proceedings are complex legal matters that require the attention of sharp, knowledgeable attorneys. We treat each trademark opposition and cancellation proceeding as a unique matter. We analyze the specific facts and evidence of each case and formulate a plan to best achieve the client’s goals, whether by settlement or trying the case.
When a client is faced with issues concerning registration of its own trademarks or of the registration of another party, we guide the client through the process of evaluating available options in an effort to resolve the matter in a way that is most beneficial to the client.
A federally registered trademark is a powerful way to protect a business name, brand, and image. When disputes arise between parties over a federal trademark registration in the United States, they are commonly decided through a specialized branch of the United States Patent and Trademark Office (USPTO) called the Trademark Trial and Appeal Board (TTAB). Trademark opposition and cancellation proceedings in the U.S. are often referred to as TTAB litigation as they are conducted much like civil litigation. TTAB rules and procedures in trademark opposition and trademark cancellation proceedings are complex and require an experienced attorney to present the proper case in order to acquire or preserve trademark rights.
Our experience with TTAB matters provides the skills to navigate the complex TTAB rules. We work closely with clients to guide them through every step of the process. Our attorneys have experience to effectively evaluate the claims, defenses, and merits of each case, and to develop strategies that are mindful of our clients’ business goals, resources, and the merits of the case, including negotiating settlements before TTAB litigation begins.