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Trademark cancellation proceeding before USPTO

Los Angeles, CA |

What happen when a petitioner in above proceeding makes a claim in civil court/federal about the same allegations that are before the TTAB in above proceeding? Does the civil court automatically stay the proceeding before it to let the TTAB proceed or what? Does the defendant/registrant for the proceeding have to say something even though the complaint before it states that it is in the TTAB?

Attorney Answers 2

Posted

Are you the same person who asked the question that was answered at this page of the Avvo site (see below)? If so, check out those answers because I believe they pretty well answer this question as well.

The only difference between these questions are the exact verbatim wording and the location claimed by each asker - Los Angeles and Miami (hmmm..both nice, warm coastal cities).

Alex Butterman is a trademark attorney with Staas & Halsey LLP (http://www.staasandhalsey.com), a Washington, D.C. IP boutique law firm. Alex is admitted to the bars of Washington, D.C., New York and New Jersey but, unless otherwise specified, the answer is intended to be general enough to apply to any U.S. state and based primarily upon his knowledge and experience with applicable federal laws. The opinions expressed are those of the author and do not necessarily reflect the views of his firm, Avvo or other attorneys. This answer is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship or obligations are established herein, although consulting an attorney to discuss your specific situation is strongly recommended. This is especially true of trademark law because TM law is so fact-specific and full of esoteric nuances and exceptions that could easily result in a critical legal error without proper advice from experienced trademark counsel.

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Posted

We already answered you and now you have it backwards? Told you that you were in hopelessly over your head. Get a lawyer before you screw this up beyond repair.

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.

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