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Author Topic: Need help Responding to Opposition  (Read 586 times)

kewill_000

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Need help Responding to Opposition
« on: 06-02-10 at 08:44 am »

Can someone help guide me when it comes to responding to an opposition for a trademark?  I am not sure what format, what to title, etc.. Does it need to be like a typical legal document with the style of the case at the top and if so what is the normal title?  Can anyone provide me a sample or guide me to one on the web?

Thanks so much!
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blakesq

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Re: Need help Responding to Opposition
« Reply #1 on: 06-02-10 at 08:52 am »

You can see thousands of samples at the USPTO.gov website, under "view documents" for any of thousands of trademarks. 
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Kaitlin

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Re: Need help Responding to Opposition
« Reply #2 on: 06-02-10 at 08:56 am »

Also see http://www.uspto.gov/web/offices/dcom/ttab/
My recollection (albeit fading after a decade--but viewing filed documents like blakesq suggests should confirm this, if still the case) is that the styling basically tracked the styling used in regular litigation, only captioned "Before the Trademark Trial and Appeal Board"  instead of a court's name.  (And opposition no. instead of case no.) 
« Last Edit: 06-02-10 at 09:02 am by Kaitlin »
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This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.

JSonnabend

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Re: Need help Responding to Opposition
« Reply #3 on: 06-02-10 at 08:57 am »

You should worry less about form and more about substance.  Your answer can look beautiful, but if it doesn't say what it needs to say, it won't matter.

- Jeff
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kewill_000

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Re: Need help Responding to Opposition
« Reply #4 on: 06-02-10 at 09:02 am »

THANKS for the responses!

Jeff...I worked on that first but if you would like to help more with that I would certainly appreciate it!  :0)
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Spielman

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Re: Need help Responding to Opposition
« Reply #5 on: 06-02-10 at 12:31 pm »

The TTAB is very forgiving about style, but content and substance is what will make you win.
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Darren Spielman
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The information contained above should not be construed as legal advice.
 



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