TTAB: Opposition (Likelihood of Confusion and Dilution) Notice

The legal template titled "TTAB: Opposition (Likelihood of Confusion and Dilution) Notice" is a document commonly used in legal proceedings before the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO).

The purpose of this template is to formally notify an applicant or registrant of a trademark that their application or registration is being opposed by another party. The opposition is based on two primary grounds: likelihood of confusion and dilution.

Likelihood of confusion is a key issue in trademark disputes, wherein the opposer argues that the applicant's mark is too similar or identical to their own registered or common-law trademark. The opposer asserts that the use of the applicant's mark could lead to consumer confusion, potentially harming their own business interests.

On the other hand, dilution refers to the potential harm caused to a famous and distinctive trademark due to the applicant's mark. The opposer claims that the applicant's mark, if allowed, would weaken the distinctiveness and uniqueness associated with their famous mark, thereby diluting its value and reputation.

The template typically includes several sections. Firstly, it identifies the parties involved, including the opposer and the applicant/registrant, stating their names, addresses, and the respective trademarks in question. The document then sets forth the grounds for opposition, citing both likelihood of confusion and dilution as the legal basis for the opposition.

Next, the template presents a detailed explanation of the opposer's claims, providing evidence and arguments to support the likelihood of confusion and dilution positions. This section might include an analysis of the similarities between the marks, the coexistence of the marks in the market, the relevant consumer base, and any additional factors that demonstrate the potential harm caused by the applicant's mark.

Furthermore, the template may outline the specific relief sought by the opposer, such as the denial of the applicant's trademark application or the cancellation of an existing registration. It may also offer a deadline for the applicant/registrant to respond to the opposition and potentially reach a settlement before the case proceeds further.

Overall, this legal template serves as the initial step taken by an opposer to officially notify the applicant/registrant about their intention to oppose a trademark based on likelihood of confusion and dilution. It provides a structured framework for presenting the grounds and supporting arguments while requesting specific relief from the TTAB.