Trademark Oppositions and Cancellations

Registering a trademark is often a step toward protecting your intellectual property. What if another trademark owner believes its trademarks would be damaged by your registration? The owner can file an opposition to stop the registration or a cancellation proceeding within five years after a registration has issued.

Barnes & Thornburg attorneys know that an opposition or cancellation proceeding can be part of a larger strategy or a broader dispute between two trademark adversaries, or even a multinational effort to protect a flagship brand. We take a measured but direct approach and tailor our tactics to not just the administrative proceeding before the Trademark Trial and Appeal Board, but also to the overall strategy and the client’s business objectives.

We have represented companies in numerous industries and fields and have wide-ranging experience before the Trademark Trial and Appeal Board on the plaintiff’s and defendant’s side in virtually all aspects of these proceedings, from initial pleadings and discovery to settlement and resolution. We have experience from hundreds of board proceedings and in appeals to the Court of Appeals for the Federal Circuit or to federal district courts, where a full hearing and evidence are crucial.

Where the objective is protecting an important brand against imitators, Barnes & Thornburg’s attorneys create comprehensive strategies for monitoring U.S. or international trademark application filings and screening them to single out those applications likely to damage the trademark or the business surrounding it.