TTAB Litigation

For decades, Brooks Kushman attorneys have steadfastly protected some of the most recognizable brands in the world. In the United States, when a Trademark Examiner refuses a registration, or when there is a dispute over a registration, the matter is taken to the USPTO Trademark Trial and Appeal Board (TTAB). Unlike many other firms who tout experience at the TTAB, we have successfully tried cases to completion and defended the results before the Federal Circuit.

Practicing before the TTAB has evolved over the years – proceedings now act more like civil litigation, including initial, expert, and pretrial disclosures.  Beyond the TTAB, we have significant international opposition experience. Our trademark team manages over 3,000 oppositions and cancellations per year.

Our experts have significant experience in resolving disputes, both in and out of court, and recognize that each case is unique. With each opposition and cancellation matter, we work with our clients to truly understand their business objectives and develop watch programs, resolve issues, and mediate conflicts with their specific goals in mind.

We are experienced in all aspects of TTAB proceedings, including:

  • Preliminary notice and answer
  • Settlement conferences
  • Initial, expert, and pretrial disclosures
  • Creation and analysis of expert testimony and reports
  • Trial
  • Trademark opposition and cancellation proceedings
  • Ex parte appeals of final refusals issued by the Trademark Examiner
  • Concurrent Use Proceedings
  • Settlements via co-existence agreements and licensing agreements

Brooks Kushman attorneys enjoy a national reputation for excellence at the trial and appellate level, but we understand that litigation is not the solution for all clients and disputes. In some cases, a client’s long-term strategy requires resolving disputes through negotiation and settlement agreements, rather than in the courtroom. We represent clients in negotiated settlements, mediation, and arbitration of IP disputes, consulting with procurement counsel to make sure that the results meet our client’s objectives whenever possible.