TTAB Litigation Attorney in Florida and Tennessee
Both trademark oppositions and cancellations are proceedings that occur before the Trademark Trial and Appeal Board (TTAB) of the USPTO to fight the registration of a mark. Trademark oppositions seek to block a mark from registration, while trademark cancellations seek to cancel an already registered mark. In other words, trademark oppositions concern applications that are still pending, whereas cancellations refer to trademark registrations.
Because these two are known as adversarial proceedings, a TTAB opposition or cancellation is essentially a mini lawsuit. However, there aren't any in-person court appearances in a TTAB legal action. Instead, all arguments, testimonies, and pieces of evidence are submitted in writing to the TTAB for consideration. Once these legal briefs have been submitted, the parties then have the option to request an oral hearing.
TTAB Trademark Cancellation
Registered trademarks Kerry specific legal rights that don't apply to pending applications. For example, registered trademarks are already protectable and valid, meaning the registration owner has the exclusive right to use their trademark nationwide concerning the goods and services concerning it.
TTAB Trademark Opposition
When a person files an opposition involving a pending application, they may fix certain defects that would not be available to a person filing cancellation. In other words, the applicant can alter the goods and services identifications by removing certain products or being more exclusionary with the language used to market them.
Suppose you are a defendant of a TTAB complaint about cancellation or opposition. In that case, you should be fully aware of the answer deadline, which is approximately 40 days following the date the TTAB institutes the preceding. It is in your best interest to find a qualified, experienced lawyer to remind you about this deadline and advise you, in general. Once the answer is filed, all parties must perform a mandatory discovery conference to discuss the matters, including settlement.
It is crucial to meet the first two deadlines because this will allow you to strategize for the preceding and consider the possibility of an early settlement. When discussing an early settlement, it is essential to remember that it will undoubtedly keep your legal costs at a minimum.
While it may be tempting for a TTAB defendant to forfeit their case due to the expenses necessary for proceeding, you must always remember how the TTAB proceeding may affect you in the long run.
Costs of a TTAB Proceeding
You can see TTAB proceedings as milder versions of trademark litigations. For example, infringement will not get prosecuted, there are no in-person court hearings, and the issues are typically limited to registration. Because of this, you won't have to pay legal fees for your attorney to defend you in court because most TTAB proceedings are litigated in writing and are electronically filed. Therefore, it would be wise to save yourself the trouble and hire an attorney experienced in handling TTAB litigation.
To learn more, contact Smith/Barbara today.