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Cancellation Proceedings

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Federal Circuit: Trademark Use Requires Actual Provision of Services, Not Just Advertising

Trademark rights in the United States are based on use of the trademark in commerce. For applications based on use (as opposed to “intent-to-use” applications), the USPTO requires that each applicant provide proof that it is using the mark for the applied-for goods and/or services. This proof must be provided in the form of a [...]

New & Notable TTAB Oppositions and Cancellation Filings: The Week of February 2nd

This week’s new and noteworthy Trademark Trial & Appeal Board oppositions and cancellations were highlighted by Staples’s (the office store chain) claim that an application for 'STAPLE' (for a brand of vaporizers and e-cigarettes) would cause a likelihood of confusion and dilution of its STAPLES mark. There were also several proceedings involving design marks that could test [...]

New & Notable TTAB Opposition and Cancellation Filings: The Week of January 26, 2015

In this new feature, Before the Board will look at the notable TTAB opposition and cancellation proceedings initiated at the Trademark Trial & Appeal Board. A lot of attention is paid to the “final” decisions of the TTAB, but here is a taste of the day to day workings of the TTAB. Pirelli opposes 'MARTHA' [...]