When Someone Challenges Your Trademark — or You Need to Challenge Theirs

The Trademark Trial and Appeal Board doesn't send you a second chance. If you've received a notice of opposition, a petition to cancel your registration, or a final refusal from the USPTO, the window to act is narrow and the stakes are real. I represent entrepreneurs and small business owners in TTAB proceedings — whether you're defending the brand you've built or standing your ground against one that shouldn't be registered.

Buying a trademark package should not feel like dropping money into a void. Here is exactly what happens the moment your purchase is complete.

Start Your Estate Plan

Complete Your Intake Form
Immediately after checkout, you'll receive a link to your client intake form through my CRM. This is where you provide the details I need to begin your trademark search — your brand name, logo files if applicable, and the goods or services your brand covers.

Office located at 806 Green Valley Road, Suite 200, Greensboro, NC 27408 (appointments only)

Complete Your Intake Form
Immediately after checkout, you'll receive a link to your client intake form through my CRM. This is where you provide the details I need to begin your trademark search — your brand name, logo files if applicable, and the goods or services your brand covers.

If approved, your trademark is published for opposition. Barring any third-party challenges, your registration certificate is issued and your brand is federally protected.

Publication and Registration

What the TTAB Handles — and Why It Matters to Your Brand

The Trademark Trial and Appeal Board is the administrative tribunal within the USPTO that decides disputes over trademark registration rights. It does not handle infringement lawsuits — that's federal court territory — but what it decides has direct consequences for whether your mark gets registered, stays registered, or gets canceled entirely.

 

There are three primary types of proceedings I handle:

Opposition Proceedings

A trademark opposition is filed during the 30-day publication window after the USPTO approves a mark for publication. If your brand is harmed by another business's pending registration, you can challenge it before it becomes official. Conversely, if someone opposes your application, you need a response strategy immediately.

Cancellation Proceedings

If a registered trademark is causing harm to your business — through consumer confusion, fraud in the original registration, or abandonment — a petition to cancel can remove it from the federal register. I also defend existing registrations against cancellation petitions brought by third parties.

Appeals of Final Refusals

When a USPTO examining attorney issues a final refusal and you believe the refusal is wrong, you can appeal to the TTAB rather than abandon your application. I evaluate the grounds for refusal, build the legal argument, and represent you through the appeal process.

What's Actually at Stake in a TTAB Proceeding

Federal registration isn't just a certificate on the wall. It's the legal foundation that gives you nationwide priority, the right to use the ® symbol, and the ability to block infringing imports through U.S. Customs. Losing a TTAB proceeding — or failing to bring one when you should — can mean losing those rights permanently.

 

  • A successful opposition stops a conflicting mark before it becomes a registered threat to your brand
  • A cancellation removes a registration that's blocking your application or confusing your customers
  • A successful appeal rescues an application that the examining attorney incorrectly refused
  • Losing a cancellation proceeding can strip your registration and the legal protections it carries
  • Missing a TTAB deadline — even by one day — can result in default judgment against you
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How I Approach TTAB Representation

TTAB proceedings follow formal procedural rules, including discovery, briefing schedules, and evidentiary standards. They move on fixed timelines with no flexibility for missed deadlines. My job is to manage that process so you don't have to — and to build the strongest possible record for your position.

Who I Represent in TTAB Proceedings

My practice is built around entrepreneurs and small business owners — people who have invested real time, money, and identity into their brand and need a lawyer who takes that seriously. I represent clients on both sides of TTAB proceedings: those bringing challenges and those defending against them.

 

If you're a Black woman entrepreneur who has received a TTAB filing and doesn't know where to start, you're exactly who I built this firm to serve. These proceedings are procedurally complex, but you don't have to navigate them alone.

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My Four-Step TTAB Process

  • How long does a TTAB proceeding take?

    Most inter partes proceedings — oppositions and cancellations — run 12 to 24 months from filing to decision, depending on whether the parties engage in discovery and how complex the legal issues are. Appeals of final refusals typically resolve faster, often within 6 to 12 months after briefing is complete.

  • Can I handle a TTAB proceeding without an attorney?

    You can appear pro se, but TTAB proceedings follow strict procedural rules and evidentiary standards. Missing a deadline or failing to properly introduce evidence can result in default or a weakened record that's difficult to recover from. Given what's at stake for your registration, legal representation is strongly worth the investment.

  • What happens if I ignore a notice of opposition or cancellation?

    If you don't respond within the required timeframe, the TTAB can enter a default judgment against you — which means the opposing party wins automatically. For an opposition, that means your application is refused. For a cancellation, that means your registration is canceled.

  • Can the TTAB award damages or issue an injunction?

    No. The TTAB only decides registration rights — it cannot award monetary damages or order a party to stop using a mark. If you need injunctive relief or damages for infringement, that requires a federal court action. I can advise you on which forum is appropriate for your situation.

  • What if my trademark application was refused and I disagree with the examiner's reasoning?

    After a final refusal, you have the option to appeal to the TTAB or to file a civil action in federal district court. An appeal to the TTAB is typically the faster and less expensive path. I'll review the refusal and give you an honest assessment of whether an appeal is worth pursuing.

Your Brand Deserves a Defense

If a TTAB proceeding is on your horizon — or already in your inbox — the time to get legal counsel is now, not after the first deadline passes. Reach out through the intake form and I'll review your situation directly.