“[Y]ou are the bona fide owner of your art. No one else creates like you, and you create
like no one else.” Utibe Samuel Mbom
Enforce a trademark
Prior to enforcement or initiating a dispute, it is important to confirm ownership and prior use by all parties. We assist in investigations and inquiries.
Unauthorized users online
Many on-line outlets have direct links to report unauthorized uses. Ownership of a valid Trademark registration may be required.
Registered Trademarks
If a Trademark is Registered, it may be challenged by a Petition to Cancel according to the TTAB Rules and Procedure. Common bases include priority, likelihood of confusion and/or abandonment.
If a Trademark is Registered, it may be challenged by expungement or reexamination. Common bases include non-use.
Trademark application pending registration
If an application is pending, it may be challenged by a Letter of Protest (LOP) or Notice of Opposition according to the TTAB Rules and Procedure. Common bases include priority and likelihood of confusion.
Likelihood of confusion
The most common reason for disputing a mark and refusing registration. If a trademark is confusingly similar to another and goods/services are related, consumers are likely to mistakenly believe they originate from the same source.
TTAB RULES OF PROCEDURE
TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE (TBMP). The manual is devoted primarily to opposition and cancellation proceedings. Provides basic information generally useful for litigating inter partes (trial) cases before the Trademark Trial and Appeal Board (TTAB). And describes current practice and procedure under the applicable authority and incorporates amendments to the Trademark Act, Trademark Rules of Practice, Federal Rules, and updates in case law, where applicable, as of March 3, 2023.