Intellectual Property Law
What to Do with a Trademark Opposition
A trademark opposition is the administrative equivalent of a federal trademark infringement lawsuit. If someone is challenging your trademark registration, and you must defend it, otherwise you will lose your exclusive rights to use your mark. The Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO) oversees this proceeding, and the Trademark Trial and Appeal Board Manual of Procedure (TBMP) sets forth the rules of this proceeding.
You have 40 days to file an answer or response (i.e., a motion challenging the notice of opposition) when you receive a notice of opposition. The TTAB will send out a schedule of dates following the notice of opposition which will include the specific date your answer is due.
You should keep in mind that, as advised in the TBMP § 114.01, “because the governing practices and procedures in proceedings before the Board are quite technical and highly specialized, it is strongly recommended that an attorney familiar with trademark law represent a party.”
Catherine Rajwani
Principal Attorney
PHONE: 508-393-9244
EMAIL: crajwani@harborlaw.com
Catherine Rajwani is an intellectual property and business litigation attorney.
Ms. Rajwani handles a full range of intellectual property and business issues in her practice including patent, trademark, copyright, trade secret, contract and business tort disputes. She has participated in all phases of litigation, from pre-litigation counseling through trial and appeal, in federal courts throughout the country. She is also skilled in alternative dispute resolution proceedings.
Find out more about issues in our related practice areas
Intellectual Property Law
Trademark Protection
Trade Secrets
Copyrights
Patents
Intellectual Property Law
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