An owner must protect its trademark in order to maintain trademark rights, and trademark appeals are an important piece of that trademark protection. The Trademark Trial and Appeals Board (TTAB) of the USPTO adjudicates the notice of opposition to, petition for cancellation of, and concurrent use requests for trademarks. Trademark attorneys should perform the following for trademark owners interested in filing an opposition to trademarks pending registration or a cancellation to a registered trademark:
- Draft the trademark opposition or cancellation
- Adhere to the recent TTAB rule changes
- File the opposition or cancellation online with ESTAA, and include the required proof of service while adhering to critical dates
- Review the status of the matter and important documents using TTABVUE
- Ensure the required fees are paid to the USPTO ($300 for Notice of opposition; $300 for Petition for cancellation)
- Select Accelerated Case Resolution (ACR) so as to save time and money for the trademark owner
- Participate in TTAB Phone Conferencing to accelerate the process and eliminate irrelevant issues
- Facilitate possible settlement or resolution prior to the administrative hearing before an administrative law judge that decides the matter
- Draft necessary agreements (e.g. settlement agreement, trademark sale agreement, trademark licensing agreement)
- Avoid the common mistakes made by parties handling it pro se, or without representation (e.g. fraud, sanctions, improper evidence)
As trademark attorneys, we can handle trademark appeals on a flat fee basis given our intimate understanding of trademark law, TTAB Rules, and TTAB practice. Contact us today to discuss our trademark monitoring, trademark protection, and trademark appeals services.
A trademark registration is almost always a great idea for any company, small business or startup. but don't think that just because you achieved a trademark on your name, brand, logo or slogan that you automatically win. Trademark registration gets you certain preferences, presumptions and benefits under the trademark act. But someone could still come in and contest your trademark, file a petition to cancel your trademark or otherwise filed a lawsuit in federal court to declare your trademark invalid.
Posted by: Enrico Schaefer | Friday, 15 June 2012 at 03:26 PM