01 Oct 2024

Triumph Before the TTAB: Drafting a Persuasive Opening Trial Brief

Confidently present your case in chief to the Trademark Trial and Appeal Board (TTAB) with this opening trial brief that an opposer/petitioner (plaintiff) may use in an opposition or cancellation proceeding before the TTAB. Sample arguments based on likelihood of confusion and dilution are also included.

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  • Defendant's Opening Trial Brief (TTAB)
    Defend at the TTAB with confidence with this trial brief template for an applicant/registrant's (defendant) use in rebutting opposer's/petitioner's arguments and asserting its defenses in an opposition or cancellation proceeding before the Trademark Trial and Appeal Board (TTAB or Board). This template also contains a sample argument responding to the grounds of likelihood of confusion and dilution and asserts a laches affirmative defense. 
  • TTAB Litigation: Procedural Considerations
    Get up to speed on the procedural steps of trademark opposition and cancellation proceedings before the U.S. Patent and Trademark Office (USPTO) and the TTAB, including filing an answer (and common defenses), conducting discovery, filing and responding to dispositive motions, serving pretrial disclosures, taking testimony and presenting evidence during the testimony period, filing trial briefs, and seeking reconsideration or an appeal of a final Board decision.

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