In our ongoing commitment to protect clients’ trademark rights, SHERMAN IP LLP is excited to announce the launch of its new initiative designed to help businesses address Trademark Opposition or Cancellation Proceedings at the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office. This initiative further aligns with SHERMAN IP’s consumer facing, low cost, pay-as-you-go, limited scope legal practice.
This newest Control Legal® product will allow consumers to engage an expert trademark attorney using limited scope, prepaid flat fees in order to appear in and address these Trademark Opposition or Cancellation Proceedings.
What are Petitions to Opposition or Cancellation
Businesses invest large amounts of time and money securing their trademark rights at the United States Patent and Trademark Office (USPTO) to protect their brands and business. The goodwill built up within a brand or business, from the marketing and resulting consumer recognition, can make or break a business’s success. Protecting, policing, and enforcing those trademark rights are key. The USPTO is charged with ensuring that no trademarks confusingly similar to one being considered are listed on the national “Registers” at the USPTO. Trademark Registrations offer significant rights for enforcing trademarks and the USPTO is charged with removing marks which inappropriately “crowd” the Register, and should not be there. Third parties have the right to object to the registration of a trademark if they feel that they would be unlawfully damaged by that registration. Likewise, trademark applications may get rejected over a previous, similar registration, but that prior registration might not be used any longer, shouldn’t have the scope or breadth being claimed, or may be otherwise invalid. An Applicant can then file a proceeding to remove the prior, similar registration. When one of these potential conflicts arise, the quasi-judicial arm of the USPTO, the Trademark Trial & Appeal Board (TTAB), is empowered to decide: (1) oppositions to the registration of trademark applications, or (2) cancellations to existing registrations. |
|
|
Why This Matters
When a federally registered trademark is cancelled, businesses can face significant risks, including, but not limited to:
|
|
|