Trademark Opposition Cancellation Process U S Trademark Trial

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Trademark Opposition & Cancellation Process U. S. Trademark Trial and Appeal Board (TTAB) US

Trademark Opposition & Cancellation Process U. S. Trademark Trial and Appeal Board (TTAB) US Oppositions and Cancellations 2006

Trademark Oppositions • Opposition – Timing – Grounds – Process • Cancellation – Timing

Trademark Oppositions • Opposition – Timing – Grounds – Process • Cancellation – Timing – Grounds – Process • Timing – The window for filing an opposition, or extension, is 30 days from Publication – Opposition Deadlines can be extended up to 90 days (totaling 120 days from Publication) – Extensions must be requested before expiration of Opposition Deadline.

Trademark Oppositions • Opposition – Timing – Grounds – Process • Cancellation – Timing

Trademark Oppositions • Opposition – Timing – Grounds – Process • Cancellation – Timing – Grounds – Process • Grounds – Likelihood of Confusion • Prior use or registration – Distinctiveness • Descriptive or • Generic or • Functional – No Ownership – Fraud in Filing • No Use or • Specimens of Use

Trademark Oppositions • Opposition – Timing – Grounds – Process • Cancellation – Timing

Trademark Oppositions • Opposition – Timing – Grounds – Process • Cancellation – Timing – Grounds – Process • Process – Notice of Opposition • Short Statement of Grounds – Answer • Due 30 Days After Notice or Default • Includes Defenses – Trial Deadlines Set • • Discovery (6 Months) Testimony (30 Days) Briefs Most TTAB Cases Settle Before Testimony

Trademark Cancellations • Opposition – Timing – Grounds – Process • Cancellation – Timing

Trademark Cancellations • Opposition – Timing – Grounds – Process • Cancellation – Timing – Grounds – Process • Timing – Any Time After Registration Issues – If Registration is 5+ Years Old, Check for “Incontestability. ” • Incontestable Registrations Can No Longer be Challenged on Some Grounds • Presumed Distinctive

Trademark Cancellations • Opposition – Timing – Grounds – Process • Cancellation – Timing

Trademark Cancellations • Opposition – Timing – Grounds – Process • Cancellation – Timing – Grounds – Process • Grounds – Likelihood of Confusion* – Distinctiveness • Descriptive* or • Generic or • Functional – Abandonment – No Ownership* – Fraud in Filing • No Use or • Specimens of Use * Not Available For Use Against Incontestable Registrations.

Trademark Cancellations • Opposition – Timing – Grounds – Process • Cancellation – Timing

Trademark Cancellations • Opposition – Timing – Grounds – Process • Cancellation – Timing – Grounds – Process • Process – Petition for Cancellation • Short Statement of Grounds – Answer • Due 30 Days After Notice or Default • Includes Defenses – Trial Deadlines Set • • Discovery (6 Months) Testimony (30 Days) Briefs Most TTAB Cases Settle Before Testimony