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Trademark Opposition 101

By Charles H. Knull What is an opposition or cancellation proceeding and what does it mean for your trademark strategy? Opposition and cancellation proceedings are administrative trials held within the Trademark Trial and Appeal Board, which is a reviewing arm of the U.S. Patent and Trademark Office.  They are one of the ways that disputes between trademark owners can be resolved during the process of registering a U.S. trademark. An opposition is an action brought against a "published application" by someone who doesn’t want the trademark to register (generally someone with a similar trademark).  When an application for trademark registration is filed, not only is the application reviewed by a Trademark Examiner at the USPTO, but also, if the application is approved, it is published in an issue of the weekly USPTO Official Gazette. Once published, anybody can file objections within 30 days.  Those objections can trigger an opposition proceeding. A [...]

By | 2018-01-18T09:49:34+00:00 April 29th, 2015|Categories: |Tags: , , , , |Comments Off on Trademark Opposition 101

Understanding the Scope of Your Trademark

By Chuck Knull Many laymen, and too many lawyers, confuse trademark rights with copyright (and patent rights). Trademark law, which at its roots is a law intended to protect consumers from making purchases of products which are not what they intended to buy, provides a right for a trademark's user to keep others away from its mark for similar goods or services. But in no sense is a trademark's user the "owner" of the term, slogan, or logo which embodies the trademark. On the other hand, a copyright or patent give its owner a bundle of rights that only the owner can exercise. From time to time, law suits are brought for trademark infringement that are a source of puzzlement and curiosity to trademark lawyers.   There are two recent examples of such relating Upstate New York businesses. One of the law suits was brought by Dov Seidman, an author and [...]

By | 2018-01-18T09:49:34+00:00 October 28th, 2014|Categories: |Tags: , , |Comments Off on Understanding the Scope of Your Trademark