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Trademark Trial & Appeal Board

2 articles

Opposing Third-Party Application

Last Updated: March 11, 2021

Applications for registration on the Principal Register are published prior to registration. The publication starts a thirty (30) day window for third-parties to challenge the application by way of an Opposition. If additional time is needed to file an Opposition, a request for an extension must be filed within the initial thirty (30) day period....

Petitioning to Cancel Third-Party Registration

Last Updated: March 11, 2021

If the mark you seek to challenge is already registered, a petition to cancel the registration can be filed. There are numerous grounds for a petition for cancellation, one of the most common being priority and likelihood of confusion.  Grounds for Cancellation Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d) The mark...