Domain Name Disputes| Nexio Law Firm

Trademark Oppositions and Cancellations

A Bedrock of Trademark Law:

“In every case of interference, opposition to registration, application to register as a lawful concurrent user, or application to cancel the registration of a mark, the [TTAB] Director shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration” 15 U.S.C § 1067

Marking Your Territory

A trademark is a word, phrase, symbol or design that sets you apart from the crowd. It distinguishes your product from your competitors’. Most importantly, when registered, a trademark buys you commercial protection by giving you exclusive legal rights to its usage.

But what if you fail to register your trademark? What if you’ve been using a brand name or emblem for years, when someone suddenly (or not) comes along and says the name belongs to them? Even worse, what if this person actually registered “your” trademark as their own? Do you have any recourse, or will you have to reboot and start your business from the ground up?

Not to worry. At Nexio, we can help. Thanks to legal processes known as “trademark opposition” and “trademark cancellation,” there are tools for retroactively staking your territory and curbing further usage of your “mark.”

The Process of Opposing or Canceling

Obtaining or opposing a trademark occurs before registration. Cancelling a trademark occurs after. Both processes involve several intricate substantive rules. They also bring into play a very technical procedure involving the Trademark Trial and Appellate Board (TTAB)—whose voluminous Trademark Trial and Appeal Board Manual of Procedure (TBMP) devotes over 1100 pages to procedural rules alone.

Fortunately, at Nexio, we’re accustomed to navigating TTAB proceedings and are highly familiar with everything required to reclaim your trademark rights

How We Can Help

If you find yourself in a situation where your product or company name is at stake, don’t panic! Contact Nexio Law Firm to schedule a free consultation instead. Our intellectual property attorneys have the experience and expertise to resolve your trademark opposition or cancellation as expeditiously as possible. We’ve obtained numerous trademark cancellations for our clients, and would love the opportunity to do the same for you.

Interested in speaking with our trademark opposition attorneys?

To speak with one of our experienced trademark opposition/cancellation attorneys, contact Nexio Law Firm today at (949) 478-6830. Or, complete the contact form below and we’ll be in touch soon. Initial consultations are always free and we have flexible appointment times to suit your schedule.

Nexio’s offices are conveniently located near the 55, 405 and 73 freeways.