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Opposition Proceedings

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Trademark Oppositions: Extensions of Time to Oppose Explained

Have you received a notice that someone has filed for an extension of time to oppose your trademark application with the Trademark Trial Appeal Board? You may be thinking: What does this mean? Am I getting sued? What are the next steps? Didn't My Trademark Application Already Get Approved by the [...]

TTAB Finds LIMITED Merely Descriptive for Sports Trading Cards

The USPTO's Trademark Trial & Appeal Board held that, given the nature of the collectible goods that are often sold in limited batches, the mark LIMITED for sports trading cards was merely descriptive and not entitled to registration. TTAB Case Background Both parties in this case, Panini American Inc. and the Topps Company, Inc., manufacture [...]

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' [...]

Hershey v. Ferrero: Two Confectionary Giants Face Off at the TTAB

On January 12, 2015 the Hershey Chocolate & Confectionery Corporation filed a notice of opposition with the Trademark Trial & Appeal Board against a trademark filed for 'KUSSCHEN', which means, "a little kiss." Hershey is one of the most well-known chocolate companies in the United States and produces the popular HERSHEY’S KISSES chocolates. Ferrero oHG [...]