Trademark Oppositions and Cancellations | Hyra IP
Trademark Oppositions and Cancellations
After a trademark application has been allowed by the Examiner, it is published to notify potential opposers that the mark is about to be registered and to allow them to consider the mark and decide what course of action to take. A trademark opposition may be initiated when one company is concerned that a trademark about to be registered is confusingly similar to its own.
An opposition is conducted at the Trademark Trial and Appeal Board (TTAB) and is similar to a trial, involving discovery, testimony, etc. A cancellation is similar to an opposition but is used when the time for filing an opposition has passed and the mark has already been registered.
Often, oppositions and cancellations are settled on terms agreeable to both parties without going all the way to a Board decision. Nevertheless, they can be very expensive. Preparing and responding to discovery documents usually runs several thousands dollars. Taking testimony adds even greater expense, if it is necessary. Because cases can vary dramatically in complexity, flat-fee pricing is generally not available. Rather, a typical arrangement would be an hourly fee with a cap for each element of the proceeding.
Hyra IP can both initiate and defend trademark opposition and cancellation proceedings. If you anticipate the need to pursue or defend such a proceeding, please call Hyra IP at 1-866-913-3499 or contact me via web or by email to arrange a full complementary consultation.
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