IP Update

Overview of TTAB Oppositions

August 20, 2008

The attachment below is a brief overview of U.S. trademark opposition proceedings. Oppositions before the Trademark Trial and Appeal Board (“TTAB”), the judicial arm of the U.S. Patent and Trademark Office, are somewhat similar to a civil action in court. The party opposing registration of an application files a Notice of Opposition―analogous to a complaint―stating the bases for its opposition. Once filed, the TTAB issues an “institution order” to both parties detailing the discovery and trial schedule for the action along with the due date for the Answer. The Answer is usually a short, plain denial of the allegations in the Notice of Opposition, sometimes followed by affirmative defenses. In some cases, the applicant may counterclaim to seek cancellation of the opposer’s registration(s).

Copyright © Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm's clients.

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