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Trademark Oppositions and Cancellations

What are Opposition and Cancellation Proceedings?

 

The Trademark Trial and Appeal Board (TTAB) is a division of the U.S. Patent and Trademark Office (USPTO) that handles certain types of petitions affecting federal registration of trademarks. Two common types of TTAB petitions are oppositions and cancellations.

Oppositions are filed against pending trademark applications. After a USPTO Examiner approves an application, the trademark is published. Third parties then have 30 days to file an opposition to prevent the mark from being registered. A cancellation can be filed any time after a registration is issued. If a cancellation petition is granted, the subject trademark will be removed from the register. The Opposer or Petitioner is usually a business that believes it is or will be harmed by the registration.

Opposition and Cancellation proceedings are somewhat similar to federal litigation. The parties file initial pleadings and may file a variety of motions and/or engage in discovery in which relevant evidence is exchanged. There is then a trial in which the parties present their evidence and argue their case. Generally, TTAB trials consist of filing written briefs, unless one of the parties requests an oral hearing.

The direct legal consequences of TTAB proceedings are generally limited to deciding the fate of the trademark registration(s) in dispute. However, legal decisions made by the TTAB may be binding on subsequent courts, and the cases should therefore be taken seriously and approached with caution.

Oppositions and Cancellations are complex legal proceedings that are very difficult for most trademark owners to navigate successfully without the assistance of counsel.

Although not usually as costly as a typical intellectual property lawsuit, TTAB proceedings still involve an extensive commitment of time and resources. Knowmad Law offers experienced, cost-effective representation in Opposition and Cancellation matters.

Like court litigation, TTAB cases are unpredictable and vary in complexity. Therefore, it's impossible for attorneys to provide all-inclusive cost estimates. However, here are Knowmad Law's typical fee ranges for various services related to Oppositions and Cancellations (not all of which will be required in any given case):

Filing a Petition: $500-$1,200

Filing an Answer: $400-$800

Settlement Negotiation: $500-$1,200

Motion to Dismiss: $1,200-$2,400

Discovery: $1,800-$4,800+

Motion for Summary Judgment: $2,400-$4,800

Introduction of Evidence: $1,800-$3,600

Trial Brief: $2,400-$4,800

How can Knowmad Law help?

 

Why

Knowmad Law?

 

Knowmad Law combines the expertise and reach of a large intellectual property firm with the personal, client-centered approach of a small-town attorney, all while offering transparent fee structures that make budgetary sense for small and mid-sized businesses, entrepreneurs, and creative professionals.

Like the nomadic warriors that inspired our name, we travel lightly but deploy the tools at our disposal for maximum efficiency and effectiveness. Knowmad Law's trademark services take aim at what matters most to clients: providing clients with personalized legal counsel and representation from an experienced IP attorney at a reasonable cost.

Send us an email at info@knowmad.law or give us a call at 831-275-1401 or schedule a consultation or use this form:

Chris will get in touch with you ASAP to discuss your options.

 

If you want to move forward with a response, we'll send you an engagement letter, which will summarize the terms and scope of our representation. 

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