What is a Trademark Opposition?
A trademark opposition or cancellation proceeding is essentially a lawsuit brought before the Trademark Trial and Appeals Board (TTAB) for the purpose of either opposing the registration of a trademark or cancelling an existing registration. This is generally done in situations where one party believes they have a right to the mark over the party seeking / currently maintaining a registration. While every case is different, generally these cases involve the same steps you find in a trial – (1) a complaint is served and responded to, (2) the parties go through discovery, and (3) there is a trial. While there are some differences, such as the fact that the trial is done only through written submissions rather than being in a court room, all the same principals generally apply.
Why are Trademark Oppositions important?
These proceeding are important and 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 Law, PLC provides assistance in these matters and would love the opportunity to earn your trust. Please call us today for more information or if you need a trial estimate.