News & Analysis as of

United States Patent and Trademark Office › Trademark Opposition Proceedings

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Pillsbury - Propel

Trademark Fundamentals: Opposition and Cancellation Proceedings

Pillsbury - Propel on

For startup founders, navigating the complexities of trademark law is essential for protecting your brand. An important aspect of this process involves understanding opposition and cancellation proceedings. These are formal...more

Perkins Coie

CNIPA Issues Significant Draft Amendment to the PRC Trademark Law

Perkins Coie on

The China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law (TML Draft Amendment) for public comment on January 13, 2023. The TML Draft Amendment is the product of...more

International Lawyers Network

Can Trademark Applications and Administrative Proceedings Subject a Foreign Applicant to Service or Jurisdiction in Court...

International Lawyers Network on

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. Can this act of filing subject the foreign applicant to service of process...more

Holland & Knight LLP

Federal Circuit Court Denies "Lehman Brothers" Trademark for Whiskey

Holland & Knight LLP on

The U.S. Court of Appeals for the Federal Circuit on June 1, 2022, issued an order in favor of Barclays Capital Inc. (Barclays) in relation to its opposition to a trademark application for LEHMAN BROTHERS. The court affirmed...more

Fish & Richardson

The Basics of TTAB Cancellations

Fish & Richardson on

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration - You learn that another person or entity has a registered trademark at the United States Patent and Trademark Office (the “USPTO”) that is...more

Fish & Richardson

The Basics of TTAB Oppositions

Fish & Richardson on

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. What can you do? One option is to institute an opposition with the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2021: Tips for Navigating the Current Landscape at the USPTO

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

If you recently filed a trademark application with the U.S. Patent and Trademark Office, you may have noticed that the average time to first action (initial examination) is about six months from the application’s filing date...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2021: Persistence Pays Off – A Series of Monster Trademark Disputes

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Monster Energy Co. (“Monster Energy”), frequent trademark plaintiff, recently found itself on the receiving end of a trademark infringement lawsuit brought by California company Outdoor Pro Shop, Inc. (“Pro Shop”). Pro Shop’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

Fox Rothschild LLP

Gruyere Generic For Cheese, Per TTAB

Fox Rothschild LLP on

Earlier this month, the Trademark Trial & Appeal Board (TTAB) issued a precedential ruling that the term “Gruyere” for cheese is generic. In 2015, Swiss and French industry groups sought a certification mark for the term,...more

Farella Braun + Martel LLP

Trademark Office Deadlines and Coronavirus-Related Delays

Farella Braun + Martel LLP on

With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more

International Lawyers Network

Is BURNS NIGHT OFF KILT-ER?: Scotch, Trademarks & Distilling American Meanings

International Lawyers Network on

On December 4, 2019, the Scotch Whiskey Association filed opposition to the trademark application of ASW Distillery LLC, an Atlanta distiller, that was seeking the mark BURNS NIGHT for an American malt whiskey, noticeably...more

Dorsey & Whitney LLP

Trademark Practice Tip: How to Settle a Trademark Opposition Proceeding and Obtain Judgment Against the Applicant After an...

Dorsey & Whitney LLP on

Most opposition proceedings in the Trademark Trial and Appeal Board of the USPTO settle before final judgment, often based on a negotiated settlement agreement requiring the abandonment of the opposed application. In these...more

Harris Beach PLLC

Beer Trademarks – Office Actions, Opposition, and Cancellation

Harris Beach PLLC on

After you file a trademark application for your brewery name or a beer name there are a couple different paths the application could take, not all of them good. This article will focus on some of those paths....more

Neal, Gerber & Eisenberg LLP

Client Alert: #FreeRapunzel: Trademark Trial and Appeal Board Loosens Standing Requirements

Neal, Gerber & Eisenberg LLP on

In denying a doll maker’s motion to dismiss a mom’s opposition to the registration of the trademark RAPUNZEL, the Trademark Trial and Appeal Board (TTAB) has relaxed the already liberal standard for what constitutes a “real...more

Akerman LLP - Marks, Works & Secrets

Rapunzel May Be Released From Trademark Monopoly Tower

Akerman LLP - Marks, Works & Secrets on

Rapunzel potentially was released from the trademark monopoly tower, not by her hair, but by trademark opposer and law professor Rebecca Curtin....more

Dorsey & Whitney LLP

“No beer flow” – NHL sues seller of Stanley Cup-themed beer cups for trademark infringement

Dorsey & Whitney LLP on

Back in February, we covered the trademark dispute between the U.S. Army and the Las Vegas Golden Knights professional ice hockey team. As we predicted, the Army and the Golden Knights have now settled that matter by...more

Dorsey & Whitney LLP

Vegas Hockey Team Faces Off Against The U.S. Army Over Trademark Dispute

Dorsey & Whitney LLP on

The Vegas Golden Knights, an expansion team based in Las Vegas that joined the National Hockey League (NHL) earlier this year, have had a surprisingly successful “rookie year,” both on the ice and at the box office. This...more

McAfee & Taft

Gavel to Gavel: New trademark rules streamline trial process

McAfee & Taft on

There’s good news for trademark owners who want to protect the value of their marks: Recent changes to the rules governing trademark opposition and cancellation proceedings have made those proceedings more efficient and...more

Knobbe Martens

Just Like You and Me: Difficulties with Celebrity Trademark Applications

Knobbe Martens on

Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or...more

Dorsey & Whitney LLP

A March to Madness: Can the NCAA Claim Ownership of the Third Month of the Year?

Dorsey & Whitney LLP on

The NCAA has a well-deserved reputation for being quite zealous when it comes to protecting its registered trademark “March Madness.” We previously blogged about this here at TheTMCA.com. But a recent opposition filed by the...more

Nutter McClennen & Fish LLP

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

Nutter McClennen & Fish LLP on

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

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide