Protecting Your Brand
TTAB Oppositions
The TTAB Generally
We handle trademark litigation cases before the Trademark Trial and Appeal Board (TTAB). The Trademark Trial and Appeal Board (TTAB) handles appeals involving applications to register marks, appeals from expungement or reexamination proceedings involving registrations, and trial cases of various types involving applications or registrations.
TTAB Oppositions
A trademark opposition is a specialized proceeding before the TTAB in which the TTAB decides whether to void a trademark applicaiton based on a opposition filed by another party who does not want a trademark applicant to gain an issued trademark. Most of the time, the trademark application does not respond and the opposer wins by default, often falsely enforcing IP rights simply through bullying.
TTAB Cancellations
A trademark cancellation proceeding is almost the same as a trademark opposition, but involved an issued trademark as the target of the litigation rather than a trademark applicaiton. A trademark cancellation proceeding is a legal proceeding in which one party attempts to “cancel” the trademark rights of another. Most of these cases are won by default, including many which could be won by the trademark holder if the trademark holder fought the TTAB cancellation proceeding.
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TTAB Cases
Cases Won by Default
In the last ten years, 96% of trademark oppositions have been won by default, meaning a trademark applicaiton who otherwise would get a trademark does not because they do not respond. Most of these cases could be won by the applicant if it responded.
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Average
Increase in Litigation Costs
The costs of IP litigations cases are up sharply over the last ten years, with IP attorneys who focus on these cases charging far more than they only a decade ago, making cost-effective representation important.
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Reduced
Decrease in Successful Cases
The number of TTAB cases being won by parties filing them has not changed significantly over the last ten years. Most opposers (those filing cases) win by default.
Protecting Your Future
The Challenge
TTAB cases are not that difficult to analyze. In most cases, our attorneys can tell with some confidence whether a case has merit in only a few minutes. Most trademark applicants who find themselves suddenly facing a trademark opposition choose merely to back down and let their trademark go abandoned rather than fight. As a result, large trademark holders are able to unfairly prevent trademarks from registered knowing smaller applicants will never fight wrongfully-filed opposition proceedings — many of which could be won if fought. Money cannot be awarded in a TTAB case to any party. The only issue which can be decided in the validity of the trademark. Thus, the challenge with any TTAB case is not the risk of having to pay anything, but only the risk of the attorney fees. Many clients, in an effort to protect themselves, hire the largest firms with the most expensive attorneys, then lose the case or are forced into a losing settlement position simply because of the prohibitive expense of litigating. Oppsoing parties know this, and plan on the attorney fees alone extorting trademark applicants into abandoning their marks. Clients often misunderstand that there is no money rsik in these cases other than the attorney fees.
Building the future
The Solution
It is important when planning a litigation strategy to first evaluate the merits of the case, then to use competent and cost-effective counsel who will not bankrupt a client seeking to protect their trademark. It may be a mistake to hire a larger firm when a client has a limited litigation budget.
Building the future
The Result
We have handled many trademark oppositions and cancellations before the TTAB. We offer RESULTS-ORIENTED REPRESENTATION® to all clients, a byline we have had trademarked for over ten years.
Samples of Our Results
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