Trademark opposition or cancellation

Trademark oppositions and cancellations are adversarial proceedings brought before the USPTO's Trademark Trial and Appeal Board (TTAB) to prevent a mark from being registered. A trademark opposition seeks to prevent the registration of a trademark application. A trademark cancellation seeks to remove a registered mark from the market. As a result, oppositions are related to pending applications, whereas cancellations are related to registrations.                      

A TTAB trademark opposition or cancellation is essentially a mini-lawsuit as an adversarial proceeding. While each type of TTAB proceeding has its own set of rules, both oppositions and cancellations are solely concerned with registration. In a TTAB case, for example, trademark infringement is not litigated.

There are no in-person court appearances in a TTAB legal action, with the exception of an optional oral hearing near the end of the case. All arguments, evidence, and testimony are submitted in writing to the TTAB for consideration. Following the submission of legal briefs, the parties may request an oral hearing.

TTAB trademark cancellation

A registered trademark carries certain legal presumptions that a pending application does not. A registered trademark, for example, is presumed to be valid and protectable. This means that the registration holder has the exclusive right to use the trademark in connection with the goods or services covered by the registration throughout the country.

TTAB trademark opposition

When a third party files an opposition to a trademark application, the applicant may have certain options that allow for an early settlement with the opposer. To reduce the likelihood of confusion, the applicant can, for example, change the identification of goods/services by deleting certain products or including exclusionary language.