In addition to securing registration for your marks, Luther Law also opposition and cancellation proceedings before the United States Patent and Trademark Office.  Opposition proceedings are initiated when there is an objection to an approved trademark before it becomes registered.  Cancellation proceedings are initiated after registration when a party object to a registered mark.  They are conducted before the Trademark Trial and Appeal Board, an administrative body within the United States Patent and Trademark Office. There are various grounds for opposing or cancelling marks, but the most common ground is likelihood of confusion with a mark owned by an entity that commenced, or claims to have commenced, use of the same or a similar mark before the applicant or registrant.  

These proceedings are conducted in accordance with the Federal Rules of Civil Procedure and can be like a mini trial in federal court, but typically with less cost than litigation in federal court.  They can often provide more clarity as to the likely outcome as well because you are before specialist judges with deep expertise in trademark law.  

If your mark is challenged in one of these proceedings or if you discover a registered or applied for mark held by another entity that presents a problem for your business, we can help you evaluate and, if necessary, litigate your opposition or cancellation proceeding.  

The following is an example of the type of decisions we have obtained for clients: