Trademark Opposition/Infringement

Trademark Opposition/Infringement


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.

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Patent / Trademark Law Discussions

Title Updated Last By Comments
News How to protect your firm's patents, trade secre... (Jan '14) 7 hr matthewbeazley 5
Does anyone know a reputable company that can s... (Sep '08) Fri amandapan 10
News Apple's iPad Smart Cover patent looks to bend t... May '16 Lindy 1
News NFL Team Asks Supreme Court to Consider 'Redski... Apr '16 discuss 1
How do you decide where to get your patent draw... Mar '16 shoozy 1
News Trademark expiration a symbolic end to Firehous... (Nov '12) Feb '16 William Rogers 5
personal versus corporate liabitlity Jan '16 ed-guy 1
More from around the web