What is a Trademark Opposition?

Trademark Opposition

A trademark opposition or cancellation proceeding is a lawsuit brought before the Trademark Trial and Appeals Board (TTAB).  They are for either opposing the registration of a trademark or cancelling an existing trademark.  This type of lawsuit can be used in situations where one party believes they have a right to the mark over the party seeking. They can also be used when one party they are currently maintaining a registration over that mark.  These types of cases usually involve the same steps used in a regular trial – (1) a complaint is served and responded to, (2) the parties go through discovery, and (3) a trial is conducted.   All the same principals of a typical trial apply in a case like this as well.  However, there are some differences, such as the fact that the trial is done through written submissions only, rather than being in an in-person setting.

Why are Trademark Oppositions Important?

These proceedings are important because they can make or break a trademark.  In the event you have been served in a cancellation or opposition proceeding, you should seek legal counsel immediately. Similarly, if you have become aware of a pending application that violates your trademark rights, time is of the essence when filing an opposition action.

Kunkle Trademark and Legal provides assistance in trademark cancellation and opposition proceedings and would love the opportunity to earn your trust.

Call 612-414-3113 to discuss how I can help you with your trademark and copyright related matters.