Lipscomb Eisenberg has substantial experience litigating Trademark Trial And Appeal Board (“TTAB”) proceedings. There are two basic types of TTAB proceedings: (a) an opposition proceeding and (b) a cancellation proceeding. In an opposition proceeding, the opponent is arguing that that the United States Patent and Trademark Office (USPTO) should not issue a registration because the mark is confusingly similar to opponent’s mark, and in a cancellation proceedings the petitioner is alleging that there was either fraud on the USPTO or that the registration was erroneously issued because the petitioner had prior rights in the mark. The process used during an opposition or cancellation proceedings is similar to a federal court litigation but evidence is proffered to the Board is most frequently by paper submissions instead of live testimony.
Please call Lipscomb Eisenberg’s TTAB and trademark attorneys for more information.