Before the U.S. Patent and Trademark Office approves a trademark application any person who believes that he or she would be damaged by the registration of the trademark may commence an opposition proceeding against the applicant.

Even after a trademark has been registered, any one who believes that he or she would be damaged by the continued registration of the trademark may commence a cancellation proceeding against the registered trademark. A trademark may be cancelled for up to five years after the registration date and, thereafter, if the trademark is believed to have become generic of the goods or services or is alleged to have been obtained fraudulently.

Allen + Wohrle, LLP's attorneys are experienced at representing both sides of the dispute. If you believe a trademark should be opposed or cancelled, or if your own trademark is the subject of an opposition or cancellation proceeding, please speak to one of our attorneys for more information.

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