Trademark Opposition Proceedings

News & Analysis as of

U.S. Trademark Opposition/Cancellation Rule Change Proposals of Special Interest to Non-U.S. Companies

On April 4, 2016 the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking that details proposed changes to the USPTO’s rules of practice for trademark application opposition and...more

The Katten Kattwalk | Issue 09

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more...more

What You Need to Know About U.S. Law: Trademark Opposition and Cancellation Primer

Similar to the laws of the EU and its member states, as well as other countries around the world, U.S. trademark law provides a mechanism through which parties with standing can oppose pending third-party applications or seek...more

TTAB Relents: Board Agrees to Vacate Likelihood of Confusion Finding at District Court’s Direction

Last week, the TTAB agreed to vacate a precedential decision at the direction of a district court judge putting an end (for now) to a stand-off between the administrative body and the federal judiciary. As we have previously...more

What Every Business Should Know About Coming Community Trade Mark Reform

Significant changes are coming to the Community Trade Mark or “CTM” starting in 2016. Since 1996, the CTM has provided a unitary trademark registration system to protect trademarks within the European Union, which now has 28...more

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know

In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the top five most discussed issues....more

Adoption of the ‘Trade Mark Package’ and practical implications

On 23 March 2016, the European Union Trade Mark Regulation (dated 16 December 2015) comes into force. As part of the package of changes introduced by the Regulation, the ‘Community trademark’ will change its name to the...more

The Urock Network, LLC v. Umberto Sulpasso – Claim Preclusion Rocked Cancellation

In this opinion, the Board granted Respondent’s motion for summary judgment on the basis of claim preclusion based on the prior dismissal of an opposition involving the same parties due to Petitioner’s failure to prosecute....more

The Genericide of the Turkey Stick: Another Thanksgiving Trademark Tale

For the past few years, the Trademark and Copyright Law Blog has marked Thanksgiving with a note about the history of turkey trademarks. Last year, we discussed the ownership of GOBBLE GOBBLE, and before that we told you why...more

Getting The Deal Through - Trademarks 2016: United States

1. Ownership of marks - Who may apply? An application may be filed by any person or legal entity that uses or intends to use a mark in connection with goods sold or distributed, or services transacted, in United...more

Timing Is Everything—Objective Evidence of Bona Fide Intent to Use Necessary at the Time of Filing Application - M.Z. Berger & Co....

Addressing what constitutes sufficient evidence of “bona fide intent” to use a trademark in commerce, the U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB or Board) decision...more

Federal Circuit: Lack of Bona Fide Intent to Use at the Time of Filing Fatal to Trademark Application

In a recent ruling the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (TTAB) sustaining an opposition against a trademark application on the grounds that the applicant failed to prove that it...more

Surviving a trademark opposition challenge: do you have a true "intent-to-use"? 5 key tips

Unlike the vast majority of jurisdictions around the world, under the US Trademark Act, only someone “who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce...more

Crisps = Chips = Crackers?

Seeing these on the store shelf this weekend reminded me that we are still anxiously awaiting the USPTO’s decision from the Trademark Trial and Appeal Board (TTAB) as to whether the words “pretzel crisps” will be found...more

Red Bull v. Victoria’s Secret

When getting your wings might give you trouble from the one that gives you wings...more

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