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U.S. Trademark Opposition & Cancellation Process: Timing, Grounds, & Procedure

Learn about the U.S. Trademark Trial and Appeal Board (TTAB) opposition and cancellation process. Understand the timing, grounds, and procedure for filing an opposition or cancellation, including deadlines, extensions, defenses, and trial timelines.

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U.S. Trademark Opposition & Cancellation Process: Timing, Grounds, & Procedure

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  1. Trademark Opposition & CancellationProcessU.S. Trademark Trial and Appeal Board (TTAB) US Oppositions and Cancellations2006

  2. Opposition Timing Grounds Process Cancellation Timing Grounds Process Timing The window for filing an opposition, or extension, is 30 days from Publication Opposition Deadlines can be extended up to 90 days (totaling 120 days from Publication) Extensions must be requested before expiration of Opposition Deadline. Trademark Oppositions

  3. Opposition Timing Grounds Process Cancellation Timing Grounds Process Grounds Likelihood of Confusion Prior use or registration Distinctiveness Descriptive or Generic or Functional No Ownership Fraud in Filing No Use or Specimens of Use Trademark Oppositions

  4. Opposition Timing Grounds Process Cancellation Timing Grounds Process Process Notice of Opposition Short Statement of Grounds Answer Due 30 Days After Notice or Default Includes Defenses Trial Deadlines Set Discovery (6 Months) Testimony (30 Days) Briefs Most TTAB Cases Settle Before Testimony Trademark Oppositions

  5. Opposition Timing Grounds Process Cancellation Timing Grounds Process Timing Any Time After Registration Issues If Registration is 5+ Years Old, Check for “Incontestability.” Incontestable Registrations Can No Longer be Challenged on Some Grounds Presumed Distinctive Trademark Cancellations

  6. Opposition Timing Grounds Process Cancellation Timing Grounds Process Grounds Likelihood of Confusion* Distinctiveness Descriptive* or Generic or Functional Abandonment No Ownership* Fraud in Filing No Use or Specimens of Use Trademark Cancellations * Not Available For Use Against Incontestable Registrations.

  7. Opposition Timing Grounds Process Cancellation Timing Grounds Process Process Petition for Cancellation Short Statement of Grounds Answer Due 30 Days After Notice or Default Includes Defenses Trial Deadlines Set Discovery (6 Months) Testimony (30 Days) Briefs Most TTAB Cases Settle Before Testimony Trademark Cancellations

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