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With a purpose to set the stage appropriately, you’re the proprietor of a trademark, both underneath widespread law or pursuant to a United States Patent and Trademark Workplace (USPTO) trademark registration, and you’ve got recognized what you deem to be a pending USPTO trademark software that’s prone to trigger shopper confusion. You haven’t solely found that this third celebration is utilizing a trademark that you simply imagine constitutes trademark infringement, however you’ve got additionally recognized, probably via the usage of trademark monitoring, that the opposition interval for this USPTO trademark is upcoming. The query turns into – what do you do subsequent?
The USPTO has a physique often called the Trademark Trial and Enchantment Board. This board, generally known as the TTAB, handles trademark oppositions primarily based upon quite a lot of causes. For instance, the registration of the pending mark on this case can be challenged as a result of it’s complicated just like an present mark to which you declare prior rights. Nonetheless, there are different causes {that a} trademark could also be opposed in the course of the opposition interval, resembling the truth that it’s generic, disparaging, or fraudulent. Regardless, you solely have 30 days inside which to file a discover of opposition with the TTAB. This 30-day interval is called the opposition interval. This opposition interval happens when the pending trademark software is revealed for opposition in what is called the Official Gazette.
In case your objective is to make sure that your mark stays protected and enforceable and that there is no such thing as a shopper confusion within the market, it’s essential to determine tips on how to method this infringing use. Whereas a trademark infringement lawsuit pursuant to the Lanham Act in federal courtroom is an choice, it is crucial that you simply additionally take into account a TTAB opposition continuing. The opposition continuing permits one to file a discover of opposition, which is akin to a criticism in litigation, and present why the mark shouldn’t be registered. The executive continuing is just like litigation in that there are necessities underneath the federal guidelines which inside the TTAB are referred to particularly as its Trademark Guidelines of Apply. As soon as the discover of opposition is filed, a typical opposition continuing will embody the next:
Time to reply
Deadline for discovery
Discovery opens
Preliminary disclosures due
Professional disclosures due
Discovery closes
Plaintiff’s pre-trial disclosures
Plaintiff’s 30-day trial interval ends
Defendant’s pre-trial disclosures
Defendant’s 30-day trial interval ends
Plaintiff’s rebuttal disclosures
Plaintiff’s 15-day rebuttal interval ends
On the conclusion of the aforementioned phases, the TTAB will challenge a choice as as to whether or to not maintain the opposition. If profitable, the opposition shall be sustained and the trademark is not going to be permitted to be registered.
Whereas finally you wouldn’t solely need to be sure that they didn’t obtain a trademark with the USPTO, you’d additionally need to be sure that all use stopped. Whereas an order from courtroom of law can be required to make sure that all use stops or to gather financial damages, a TTAB ruling could be the impetus essential to trigger the alleged trademark infringer to stop all use of the mark. Extra importantly, it’s usually cheaper than trademark litigation and brings all points instantly to the eye of the events concerned in order to allow the potential of a decision. Due to this fact, a TTAB trademark opposition needs to be thought of as a part of any trademark proprietor’s enforcement technique.
A trademark legal professional that has appeared earlier than the TTAB will help advise you relating to your explicit choices, dangers, and techniques. Anybody trying to acquire a registered trademark or trying to implement rights pursuant to that trademark must be acquainted with the TTAB. A TTAB trademark attorney will help.
