TTAB Proceedings

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Trademark

TTAB proceedings let you challenge or defend trademark rights without a full federal lawsuit, and we handle oppositions, cancellations, defense, and appeals before the Trademark Trial and Appeal Board.

The Trademark Trial and Appeal Board is the administrative tribunal inside the USPTO that decides disputes over registrations. It is often a faster, lower-cost way to protect your marks than going straight to court. We handle oppositions, cancellations, defenses, and appeals, building the evidence and motion practice these proceedings turn on.

Filing an Opposition

When someone applies to register a mark that threatens yours, you have a window to oppose it before it registers. We file oppositions and develop the evidence the Board wants to see, whether the ground is likelihood of confusion, dilution, or another basis for refusal. We move the case through discovery, motion practice, and trial to keep the conflicting mark off the register.

Seeking a Cancellation

Some registrations should never have issued, and others have gone stale. We file cancellation petitions against marks that are confusingly similar to yours, generic, abandoned, or obtained by fraud. Cancelling a bad registration clears the path for your own application and removes a registration the other side could otherwise use as a weapon against your brand.

Defending Your Marks

If your application or registration draws an opposition or cancellation, we defend it. We work out the strongest defenses for your situation, run discovery to get the facts you need, and present evidence that supports your priority and your right to the mark. Our aim is to keep your registration intact and your brand free to operate the way you planned.

Taking It Up on Appeal

When an examining attorney refuses your application or a TTAB decision goes against you, the fight is not necessarily over. We handle appeals to the Federal Circuit or, where the rules allow, to a federal district court. We assess whether an appeal is worth pursuing and frame the legal arguments to give you a real shot at reversing the result.

Frequently asked questions

The Trademark Trial and Appeal Board is an administrative tribunal inside the USPTO that decides trademark disputes over registration. It handles oppositions to pending applications, petitions to cancel existing registrations, and appeals from an examiner's refusal to register. It does not decide infringement or award money.

A typical opposition or cancellation runs about 2 to 3 years, though accelerated procedures can shorten that. Many cases settle along the way, often once both sides see how the evidence is shaping up. Build that timeline into your expectations from the start.

The Board applies the DuPont factors, which look at how similar the marks are, how related the goods or services are, the channels of trade, how sophisticated the buyers are, and other relevant considerations. No single factor controls; the Board weighs them together. The similarity of the marks and the relatedness of the goods usually carry the most weight.

No. The TTAB can only refuse to register a mark or cancel a registration. If you want damages or an injunction, you have to bring an infringement case in federal district court.

It is similar but more limited. You can use written discovery and take depositions, and the TTAB also allows discovery of registration files. The scope is narrower and more focused on the registration question than full-blown federal litigation would be.

A losing party can appeal to the US Court of Appeals for the Federal Circuit, which reviews the existing record. Alternatively, you can file a civil action in district court, which allows new evidence and a fresh review of the issues. The district court route is the better choice when you have evidence the Board never saw.

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