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You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial Appeal Board (TTAB).
Can a trademark be overturned?
A trademark can be invalidated (revoked) five years after registration by a third party if the party can prove the trademark is not being used for the registered purposes.
How do I appeal a trademark?
File an appeal of refusal to register Go to the File a New Proceeding section on ESTTAs filing page to select the Appeal of Refusal to Register form. Enter the subject application serial number and select Start to open the form. Preview the appeal of refusal to register form before filing.
How do you respond to a trademark refusal?
Tips for responding to this refusal Explain why you think your trademark is not descriptive. Amend your application to add a Section 2(f) claim or to the Supplemental Register, if you agree your trademark is descriptive. Amend your goods or services to narrow the field of use, if appropriate.
How do you fight a trademark opposition?
How to Answer a US Trademark Opposition? Six Steps to Consider Review the Opposers Complaint. The Notice of Opposition must contain: Analyze the Opposers Claims. Review the U.S. Trademark Board Rules. Draft the Answer. Consider affirmative defenses. Consider any possible counterclaims. Conclusion.
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Why Federal Courts Should Not Defer to USPTO Decisions
by DR Gerhardt 2018 Cited by 13 This Article explains why federal courts should not defer to United States Patent and. Trademark Office (USPTO) trademark decisions.
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