udrpelements.com

petitiontocancel.com

Affirmative Defenses

http://petitiontocancel.com/AffirmativeDefenses.html

Affirmative Defenses Bar The Claim. An affirmative defense assumes the allegations in the complaint to be true but, nevertheless, constitutes a defense to the allegations in the complaint. An affirmative defense does not negate the elements of the cause of action; it is an explanation that bars the claim. Gwin v. Curry. What is Not An Affirmative Defense? Failure to state a claim upon which relief can be granted is not an affirmative defense. Lack of standing is not an affirmative defense. Party registra...

petitiontocancel.com

Counterclaims-TBMP 311

http://petitiontocancel.com/counterclaimtbmp311.html

What Does a Counterclaim Do To The Schedule of an Opposition or Cancellation? TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE. TBMP 313 .01 In General. 37 CFR 2.106(b)(2). Ii) An attack on the validity of a registration pleaded by an opposer will not be heard unless a counterclaim or separate petition is filed to seek the cancellation of such registration. 37 CFR 2.114(b)(2). Iv) The times for pleading, discovery, testimony, briefs, or oral argument will be reset or extended when necessary, upon mot...

petitiontocancel.com

Notice of Cancellation and Notice of Trial Dates from USPTO

http://petitiontocancel.com/noticecancellation.html

Petition to Cancel or Opposition? Discovery Conference TBMP 411. Suggested Format for Petition to Cancel. Notice of Cancellation and Notice of Trial Dates from USPTO. Not Just Patents LLC. PO Box 18716, Minneapolis, MN 55418. Search Not Just Patents. Securing the Right IP. 7590 or email WP@NJP.legal. For Responses to Office Actions; File or Defend an Opposition or Cancellation; Trademark Searches and Applications; Send or Respond to Cease and Desist Letters. Steps to a Patent. How to Patent An Invention.

noticeofopposition.com

Suggested Format for Petition to Cancel

http://www.noticeofopposition.com/cancellationpetitionformat.html

SUGGESTED FORMAT FOR PETITION TO CANCEL. Found at http:/ www.uspto.gov/web/forms/newform.pdf. IN THE UNITED STATES PATENT AND TRADEMARK OFFICE. BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD. In the matter of trademark registration No. State petitioner's name, address, and entity information as follows:. Name of individual as petitioner, and business trade name, if any;. OR (Name of partnership as petitioner; Names of partners;. Business address of partnership). Business address of corporation). Business ad...

noticeofopposition.com

Notice of Cancellation and Notice of Trial Dates from USPTO

http://www.noticeofopposition.com/noticecancellation.html

Not Just Patents LLC. PO Box 18716, Minneapolis, MN 55418. Search Not Just Patents. Securing the Right IP. What Does Published for Opposition Mean? Extension of Time To Oppose. Latest Revision of TTAB manual (TBMP). Steps for a Trademark Opposition. Suggested Format for Petition to Cancel. Notice of Cancellation and Notice of Trial Dates from USPTO. 7590 or email WP@NJP.legal. For more information from Not Just Patents, see our other sites:. Steps to a Patent. How to Patent An Invention. Be First To File.

likelytocauseconfusion.com

General Rules About Likelihood of Confusion

http://likelytocauseconfusion.com/generalruleslikelihoodofconfusion.html

Some General Rules About Likelihood of Confusion. Please note that every trademark application is decided on its own merits and general rules may or may not apply! These General Rules are extracted from actual trademark refusals. The facts pertinent to the particular refusals have been deleted. 228 USPQ 689 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n. 811 F2d 1490, 1 USPQ2d 1813 (Fed. Cir. 1987) (COMMCASH and COMMUNICASH); In re Phillips-. 518 F2d 1399,...

trade.mark.legal

Cease and Desist Letters

http://www.trade.mark.legal/ceaseanddesistletters.html

Cease and Desist Letters. A cease and desist letter should be based on both the facts and the law, form letters do not take either into account. Making a material misrepresentation in a cease and desist letter could backfire. Facts matter. ONE REASON TO BE CAREFUL WITH CEASE AND DESIST LETTERS: In a recent TTAB case, MILLER v. MILLER, 91184841 (TTAB 1-. What’s the Difference Between a Trade-. Mark and a Trade Name? Mark" and "trade name" are defined in 15 U.S.C. 1127:. Mark' includes any word, name, symb...

trademarkregisterfaq.com

What is the Difference Between (regular) TEAS and TEAS PLUS?

http://trademarkregisterfaq.com/teasteasplus.html

What is the Difference Between (regular) TEAS, TEAS plus and TEAS RF. TEAS RF applicants do not need to select an identification of goods and/or services from the Trademark ID Manual or satisfy the other TEAS Plus requirements at the time of filing. Filing on paper is currenly $375/classification. Blank part of some goods and services identifications where the blank is filled in with input that goes beyond the scope of the intended identification. Trademark for Product X. If Product X is contained in...

trademarkrefusal.com

Proactive Trademark Application

http://trademarkrefusal.com/trademarkapplication.html

Plan For A Successful, Strong Trademark Application By Preparing In Advance of Applying. A plan for a strong trademark is one that looks ahead to issues like:. Can I claim exclusive rights to use this trademark? Does this trademark meet the qualifications for being registered on the USPTO Principal Register? Is this trademark strong enough that others would want to license it from me? Does this trademark have potential to extend to other product lines? Is this mark inherently distinctive? These are all g...