When the U.S. Patent and Trademark Office approves a trademark application
for publication, any person who believes that he or she would be
damaged by the registration of the trademark may commence an opposition
proceeding against the applicant.
Even after a trademark has registered, any person
who believes that he or she would be damaged by the continued registration
of the trademark may commence a cancellation proceeding against
the registered trademark. A trademark may be cancelled for up to
five years after the registration date, and thereafter, if the trademark
is believed to have become generic of the goods or services or is
alleged to have been obtained fraudulently.
Our attorneys are experienced at representing
both sides of the dispute. If you believe a trademark should
be opposed or cancelled, or if your own trademark is the subject
of an opposition or cancellation proceeding, please speak
to one of our attorneys for more information.
Our
Recent TTAB Victories:
Delta
Air Lines v. Delta Van Lines. Successfully obtained
motion to dismiss with prejudice against a major airline
opposing a client’s trademark application. Read
More
Choice First Distribution, LLC v. John L. Brown. Successfully
cancelled the trademark CHRONIC 187 with a showing that
the registration was void ab initio due to the registrant’s
mere token use of its trademark.Read
More
Infant Massage USA and International Association of
Infant Massage (Sweden) v. International Association
of Infant Massage, Inc. Obtained a dismissal of the
Petition for Cancellation and a denial of the petitioner’s
Motion to Amend based on a finding that the petitioner
was unable to establish superior trademark rights in
the mark at issue. Read
More
RANKED TOP U.S.
TRADEMARK ATTORNEY John Alumit is the
recipient of the 2007
Trademark Insider
Award for ranking #2 in the nation for the
number of new
trademark applications
received at the USPTO. View Industry Rankings