RECEIVED A NOTICE OF OPPOSITION? START HERE.
1. Confirm Your Deadline
Locate the TTAB Notice of Institution and confirm the exact deadline for filing your answer. Missing the deadline can place your application at risk.
2. Review the Claims
The Notice of Opposition should be evaluated together with the TTAB docket, the parties’ trademark rights, and the allegations asserted against your application.
3. Preserve Relevant Evidence
Preserve documents and communications relating to selection and use of the mark, sales, advertising, customers, and communications with the opposing party.
4. Evaluate Defenses and Counterclaims
An early assessment can identify potential defenses, weaknesses in the opposition, and whether any counterclaims should be considered.
5. Consider Early Resolution
Some TTAB disputes can be narrowed or resolved through settlement, coexistence terms, or amendments to the application before substantial discovery costs are incurred.
6. Prepare for the TTAB Process
If the matter continues, the proceeding may involve discovery, depositions, motions, settlement negotiations, and trial briefing.
ATTORNEY-LED TTAB REPRESENTATION
Work Directly With Your Attorney
Robert E. Wasserman Law Offices represents trademark applicants and brand owners in proceedings before the Trademark Trial and Appeal Board. Clients work directly with Robert E. Wasserman on case assessment, pleadings, discovery, motion practice, settlement strategy, and trial briefing.
TTAB matters can become complex and expensive quickly. The goal is to evaluate the proceeding early, identify the strongest available positions, and develop a practical strategy based on the client’s trademark rights and business objectives.
