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Proceeding before the Trademark Trial and Appeal Board cancellation of trademark

Miami, FL |

In a consolidated case (2 plaintiffs), if the defendant opposes one plaintiff's motion before the Board will the suspension be for all parties,i.e, the one defendant and 2 plaintiffs until that contested motion is decided?

Rephrase of question: If defendant opposes plaintiff's motion to amend complaint, does that suspend proceedings as it is a contested motion (and both plaintiffs have just submitted motions for summary judgment?

Attorney Answers 3

  1. No. You need to prepare responses to both motions.

  2. Undeterred by our repeated admonitions to get an attorney so you don't screw up, and more foolish than ever, you are back with more "pick the attorney's brain for free" questions in your idiotic attempt to do a complex Trademark Cancellation yourself. Either you are an attorney in over your head foolishly continuing to skirt with malpractice or you're a pro se litigant acting as an attorney and having a fool for a client. Either way, the only answer you need is the same as before - this is not for you, get an attorney. Further instruction to enable you to continue this folly would be counterproductive.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

  3. You need to respond to both motions. However, this begs the question: what are you doing? Are you attempting to represent yourself before the TTAB? I have practiced in numerous courts and have NEVER seen a pro se litigant win anything outside of small claims court, where the judge is tasked to help the litigants. The TTAB is not small claims court - there are numerous procedural matters that you need to understand, and the truth is, if you have the best case possible factually, but you do not understand procedure, you will lose to an attorney who does understand procedure EVERY TIME.

    If this matter has any significance to you, spend the money and get an attorney to represent you.

    In any event, good luck. If you continue to proceed pro se, you will need it.

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