TTAB Survey Expert Witness

The Trademark Trial and Appeal Board (TTAB) functions like a court for trademark matters at the United States Patent and Trademark Office (USPTO). It is authorized to determine a party's right to register a trademark with the federal government. It is not authorized to determine whether the applicant has the right to use a trademark, just whether it can be registered. It is not authorized to determine questions of trademark infringement or unfair competition or to award monetary damages or attorney's fees. For anything other than determining the right of federal registration, parties must file a case in a federal or state court. Two types of proceedings are Oppositions and Cancellations, both of which can be supported through survey evidence.

A party may oppose the trademark application of another party in order to stop that party from obtaining a federal registration. Before a trademark can be registered, the mark must be published for opposition in the Official Gazette. During the opposition period, any party who believes that it would be damaged if the published mark registers may oppose registration. Although there are many possible grounds for opposition, the most common one is a claim that a likelihood of confusion exists between the trademarks.

In a cancellation, one party seeks to cancel a trademark registration owned by another party. There are many possible grounds for attempting to cancel a registration. Some of the more common ones include claims that the registered mark is likely to be confused with the other party's mark, that the registrant is not the rightful owner of the mark, and that the registrant is no longer using its mark.