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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD August 13-17, 2001 - uspto

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The document summarizes the final decisions issued by the Trademark Trial and Appeal Board (TTAB) from August 13-17, 2001. It details various cases involving trademark applications, including the parties involved, the issues at stake, and the outcomes of each case, such as refusals or affirmations of trademark registrations based on specific legal grounds.

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How do you contest a trademark?

You may challenge an application for trademark registration at the USPTO by filing an opposition with the TTAB within 30 days after it is published in the Official Gazette.

How to search if something is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

Can you appeal a TTAB decision?

Parties can appeal unsatisfactory TTAB decisions. A party may appeal a TTAB decision to a district court, where it is reviewed de novo. De novo review generally means that the district court can take a fresh look at all factual and legal determinations.

What is the 5 year rule for trademarks?

A Trademark or Service Mark registration is active for five (5) years from the date the mark was filed with the California Secretary of States office. Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years.

What is a trademark opposition proceeding?

A trademark opposition is a contested proceeding before the U.S. Trademark Trial and Appeal Board. Any third-party may oppose the trademark application of another party. An opposition may be filed only when the subject application is published in the Official Gazette of the U.S. Patent and Trademark Office.

How to answer trademark opposition?

An answer to a trademark opposition may include affirmative defenses. Examples of affirmative defenses are Opposers unclean hands or fraud in bringing the opposition. Such defenses include that the Applicant should be entitled to registration subject to certain restrictions to its identification of goods or services.

How to search TTAB decisions?

Search TTAB cases and set up alerts. Search the full text of TTAB documents. Search. Date range: From: To: TTAB Field Search. Case Number: Registration Number: Serial Number: Case Type: (show) Select one or more categories. Search all. Status: (show) Select one or more statuses. Search all. Industry: (show) Basic Materials.

How do you appeal a TTAB decision?

A party may appeal a TTAB decision to a district court, where it is reviewed de novo. De novo review generally means that the district court can take a fresh look at all factual and legal determinations. Unfavorable decisions can alternatively be appealed straight to the Federal Circuit.

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