Trademark Opposition and Cancellation Proceedings at the TTAB

Description

Inter partes proceedings before the TTAB are a valuable part of a brand owner's overall trademark enforcement and protection strategy. The TTAB's jurisdiction is limited to determining the right to register instead of the right to use.

Due to the TTAB's lack of authority to determine infringement or issue injunctive relief or monetary awards, trademark opposition and cancellation proceedings can result in a less aggressive and more cost-effective venue for resolving existing and future trademark concerns between the parties.

Counsel for the opposer or petitioner and the applicant or registrant must be able to navigate the opposition or cancellation proceeding to succeed, whether or not the case concludes with a final trial on the merits or a negotiated resolution. Counsel must understand the differences between TTAB proceedings and civil litigation in the federal courts and the TTAB process and evidentiary requirements.

Listen as our authoritative panel of trademark attorneys examines the grounds for filing an opposition or cancellation action, timing, and scope of the proceedings. The panel will also discuss challenges related to discovery and the trial phase of an opposition or cancellation action and the differences between these phases in a TTAB proceeding and civil litigation. The panel will offer strategies for opposing a trademark application, responding to an opposition, petitioning to cancel a registration, and responding to a cancellation action.