Trademark Opposition/Infringement

Trademark Opposition/Infringement

questioner

Lake Hiawatha, NJ

#1 Jul 7, 2008
Can someone please explain why a party would simultaneously file both a Trademark Opposition with the TTAB and a Trademark Infringement suit in the appropriate District Court?

They seem to raise similar substantive arguments (i.e likelihood of confusion, use of mark on goods/services). In most cases when both an opposition and a suit are filed simultaneously, the TTAB will suspend the opposition anyway. Also, the District Court can determine rights to use, registrability issues, and cancel/amend existing rights. So it seems that the infringment suit offers more resolution than the opposition itself. Why then would a party file both an opposition and an infringment suit concurrently? Thanks.

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