Month: February 2017

What is concurrent-use?

There are many different types of proceedings you may encounter as you try to register your trademark application or assert your rights as a trademark owner. One such is a Concurrent-Use proceeding. This a proceeding in regards to multiple registrations being issued to separate parties. This is done as a result of dividing areas of trade as ordered in court or decided by Trademark Trial and Appeal Board (TTAB). Generally, such registrations are issued when the trademarks are used in different territories and thus it is not likely to cause confusion. The first registered concurrent users will be notified. An answer may be entered within forty days, however no answer is necessary. The first registered user will usually be granted nationwide use and the second registered user will be restricted to only his area of use. Parties can work out agreements amongst themselves if they so decide. If this is done the TTAB must still accept it as to ensure there will be no likelihood of confusion.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

What is a cancellation proceeding?

If you are trying to cancel an existing registered trademark, or someone is attempting to do this to your trademark, then you will likely be subject to a cancellation proceeding before the USPTO. The party seeking cancellation has the burden of proof and must demonstrate evidence and that they are damaged by the registered mark. It is possible for the TTAB to issues a partial cancellation if it finds that cancellation is only appropriate for a portion of the registered trademark. It is more difficult to cancel a trademark which has been in continuous use for at least five years after registration. Prior to the five-year mark many of the standard arguments can apply such as likelihood of confusion, descriptiveness, genericness, misdescriptiveness, deceptiveness, abandonment, and fraud. After the five-year mark likelihood of confusion and descriptiveness issues cannot be grounds for cancellation. In addition, falsely suggesting a connections or misrepresenting source both can be grounds for cancellation at any time.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.