Oppositions and Cancellation Proceedings
The United States Patent and Trademark Office (USPTO) requires, as one of the steps within the trademark registration process, that a trademark be “published” in the Official Gazette before it can be registered. This gives third parties a 30 day period to file an Opposition in the Trademark Trial and Appeal Board (TTAB) against the trademark application. Once an application is opposed, the owner of the application is given forty days to answer the Opposition. If answered, the Opposition proceeds. If a mark is registered without opposition, a third party may file a Petition to Cancel the Registered mark before the TTAB. According to the TTAB, more than 95% of Board proceedings are decided prior to trial (by settlement or by entry of pre-trial judgment).
The attorneys at Law Offices of Angela Small Booth are experienced in prosecuting and defending Opposition and Cancellation proceedings. We can provide you a realistic assessment of your chances of success prosecuting or defending an Opposition or Cancellation proceeding, leading to an informed decision whether to fight or settle the matter. For more information on TTAB proceedings click here.
Angie Small Booth is also available as a third party Mediator in these matters as well.
Please see Mediation for more information.
Call The Law Offices of Angie Small Booth at 310.497.1351 or 805.765.5413
or contact us online to schedule your free and confidential initial consultation.
Serving the greater Southern California area
including Irvine, Los Angeles, Ventura, Santa Barbara and Kern Counties.