When a trademark registration is refused or when there is a dispute as to whether an applicant is entitled to a registration the matter is resolved by the Trademark Trial and Appeals Board (TTAB) at the US Patent & Trademark Office (USPTO).
We have experience in all phases of TTAB proceedings, from responding to the preliminary notice and answer; settlement conferences; initial, expert and pretrial disclosure; the creation & analysis of expert testimony and/or reports; and conduct of the trial.
Our approach is to get to know our client’s strategic and business goals and while TTAB proceeding resemble civil litigation, we consider the broad range of options available, from early settlement through to trial, to resolve cases to the advantage of our client.
We also conduct trademark monitoring for our clients and we are often able to warn of potentially conflicting filings before they are even published. We can communicate directly with an infringer prior to publication and formal opposition. Immediate action and direct negotiation can be persuasive and can result in substantial cost savings for our clients.
Our Team has experience in defending the rights of our clients before the TTAB including the following:
- Trademark opposition and cancellation proceedings
- Ex parte appeals of final refusals issued by the Trademark Examiner
- Concurrent Use Proceedings
- Settlements via co-existence agreements and licensing agreements