C
- Cancellation,Under Sec. 8 or 9, During Case, of Defendant's
- Registration, Motion for Order to Show Cause due to [Trademark Rule 2.134(b)] §§ 535; 602.02(b)
- Cancellation Proceeding:
- Abandonment of, by Petitioner
- (see alsoWithdrawal of Proceeding by Plaintiff) § 601
- Abandonment of Subject Registration During. § 602.02
- Access to Files During (see alsoAccess to Files) § 120
- Adverse Decision in, Effect of on Right to Seek Concurrent Registration. § 1112
- Answer, Generally (see alsoAnswer) § 310.03; 311
- Appeal From Decision of TTAB in (seeAppeal From Decision of TTAB)
- Briefing Schedule. § 801.02
- Briefs on Case (see alsoBriefs:On Case) § 801
- Combined Complaint May be Filed § 305
- Commencement of §§ 302; 403.02
- Complaint (see alsoComplaint) § 309
- Consolidated Complaint May be Filed § 305
- "Conversion" to Concurrent Use Proceeding § 1113
- Counterclaim for Cancellation § 313
- Decision, Adverse,in Cancellation, Effect of on Right to Seek Concurrent Registration § 1112
- Decision, Final (see alsoFinal Decision) §§ 803; 806
- Defendant's Registration Cancelled Under Sec. 8 or 9 During Case,
- Motion for Order to Show Cause Due to [Trademark Rule 2.134(b)] §§ 535; 602.02(b)
- Described § 102.02
- Effect of Adverse Decision in Cancellation on Right to Seek Concurrent Registration § 1112
- Electronic filing and ESTTA §§ 110.09; 308.02(b); 309.01
- Fee for Filing (see alsoFee) § 118.01; 307; 308.02
- Filing Date of Petition to Cancel § 308.02(b)
- Final Decision in (see alsoFinal Decision) §§ 803; 806
- Geographic Limitations Not Considered in § 309.03(a)(1)
- Grounds for Cancellation:
- Grounds Available at Any Time § 307.01
- Grounds Available Only Within Five Years After Registration or Republication:
- Counting of Five-Year Period § 307.02(a)
- Effect of Amendment of Registration § 308.02(c)(2)
- Grounds Described § 307.02(a)
- Limitation of Grounds After Five Years Is Independent of Sec. 15 Affidavit § 307.02(b)
- Reliance on Registration by Plaintiff in Inter Partes
- Proceeding Tolls Five-Year Period as to Counterclaim § 307.02(c)(1)
- Identity of Defendant 309.02; 310.01; 310.02
- Joint Petitioners May File § 303.06
- Late-filed § 307.04
- Multiple Class Registration, Cancellation Against. § 304
- Notification of Proceeding (see alsoNotification of TTAB Proceeding) § 310
- Oral Hearing (see alsoOral Hearing:On the Case) § 802
- Partial Cancellation § 309.03(d)
- Petition to Cancel (see alsoComplaint) § 309
- Petition to Director From Action of TTAB During (seePetition to the Director)
- Prematurely Filed § 307.03
- Registration Cancelled Under Sec. 8 or 9 During §§ 535; 602.02(b)
- Scope of § 309.03(a)(1)
- Standing §§ 303.03; 309.03(b); 313.03
- Storage of Paper and Electronic (TTABVUE) Files and Exhibits After Termination of Proceeding §§ 120.03; 806
- Surrender of Registration During § 602.02
- Termination of §§ 120.03; 806
- Time for Filing Petition to Cancel:
- Late Petition § 307.04
- Petition That May be Filed at Any Time After Registration or Republication § 307.0; 1
- Petition That Must be Filed Within Five Years After Registration or Republication:
- Counting of Five-Year Period 307.02(a)
- Effect of Amendment of Registration § 307.02(c)(2)
- General Description of § 307.02(a)
- Limitation of Grounds After Five Years Is Independent of Sec. 15 Affidavit § 307.02(b)
- Reliance on Registration by Plaintiff in Inter Partes
- Proceeding Tolls Five-Year Period as to Counterclaim §§ 307.02(c)(1); 313.03
- Premature Petition § 307.03
- Trial Schedule § 701
- Voluntary Surrender of Registration During § 602.02
- Who is Defendant § 310.01
- Who May Petition to Cancel:
- Withdrawal of, by Petitioner
- (see alsoWithdrawal of Proceeding by Plaintiff) § 601
- Withdrawal of Subject Registration During § 602.02
- Caption of Documents Filed With TTAB § 106.01
- Cause, Order to Show:
- Why Default Judgment Should Not be Entered Against Defendant for Failure to Answer §§ 312; 508
- Why Judgment Should Not be Entered Against Defendant for Permitting its Registration
- to be Cancelled Under Sec. 8 or 9 During Case [Trademark Rule 2.134(b)] §§ 535; 602.02(b)
- Why Judgment Should Not be Entered Against Plaintiff for Failure to File Main
- Brief [Trademark Rule 2.128(a)(3)] §§ 536; 801.02(a)
- CD-ROM SubmissionsNo Longer Accepted § 106.03; § 203.01(a); § 311
- Certificate of Mailing By First-Class Mail:
- Certificate of Service:
- Distinguished From Certificate of Mailing or Transmission § 113.06
- Elements of § 113.03
- Requirement for Proof of Service § 113.02
- Certificate of Transmission:
- Certified Copies of Files or Parts Thereof:
- Change of Address §§ 117.03; 117.07
- Change of Name of Party:
- Issuance of Registration in New Name § 512.03
- Motion to Reflect Change of Name in Inter Partes Case § 512.02
- Proceeding May be Continued in Old Name § 512.02
- Change Oral Hearing Date, Motion to. §§ 541.01; 802.03
- Change Title of Proceeding, Motion to § 512
- Change to Registration(see alsoAmendments to Registration) § 1114
- Checks for Payment of Fees § 118.03
- Civil Procedure, Federal Rules of, in TTAB Proceedings(seeFederal Rules of Civil Procedure: In TTAB Proceedings)
- Code of Federal Regulations:
- Collateral Attack on Registration Not Permitted §§ 311.02(b); 313.01
- Combined Complaint May be Filed § 305
- Commencement:
- Compel Discovery, Motion to (see alsoMotions, Types of: To Compel) § 523
- Complaint:
- Compulsory Counterclaim(see alsoCounterclaim). §§ 313.04; 313.06
- Concurrent Use Proceeding:
- Abandonment of Subject Application During
- (see alsoAbandonment of Application) § 603
- Access to Files During (see alsoAccess to Files) § 120
- Addition of Application or Registration to. § 1104
- Addition of Party to § 1104
- Adverse Decision in Opposition or Cancellation, Effect of on Right to Seek Concurrent Registration § 1112
- Amend Applicationd, Request to § 1107
- Answer to Notice § 1107
- Appeal From Decision of TTAB in (seeAppeal From Decision of TTAB)
- Applicant, Concurrent Use, Must Prove Entitlement to Registration §§ 1107; 1108; 1109; 1110
- Applications Involved in Proceeding, Described § 1104
- Applications Not Subject to Proceeding, Described § 1105
- Briefing Schedule §§ 801.02; 1109
- Briefs on Case (see alsoBriefs:On Case) § 801
- Burden of Proof, Applicant's, When Default Judgment Has Been Entered Against Excepted User for Failure to File Answer to Notice of Institution § 1107
- Burden of Proof, Generally §§ 1107; 1108; 1109; 1110
- Cannot be Circumvented by Section 7(e) Amendment. § 1101.02
- Cannot be Instituted Until All Oppositions Filed are Dismissed § 1106
- Commencement of §§ 302; 403.02; 1106
- Common Law User,Entitlement to Registration Not Determined §§ 1103.02; 1108
- Compared to Cancellation or Opposition § 1109
- Complaint, Has None §§ 1106; 1106.04; 1107; 1109
- Concurrent Use Applicant Must Prove Entitlement to Registration §§ 1107; 1108; 1109; 1110
- Concurrent Use Application:
- Concurrent Use Registration:
- Alteration of Restrictions on § 1114
- Bases for Issuance of Board Determination, Court Determination § 1102.02
- Cannot be Obtained by Including Geographical Restriction in Identification of Goods. § 1102.01
- How Obtained §§ 1101; 1102
- Registration Cannot be Geographically Restricted by Section 7(e) Amendment §§ 1101.02; 1114
- Conduct of Proceeding Described, In General § 1109
- "Conversion" of Opposition or Cancellation Proceeding to §§ 514.03; 1113
- Correspondence, with whom § 1106.04
- Decision, Adverse, in Opposition or Cancellation, Effect of on Right to Seek Concurrent Registration § 1112
- Decision, Final (see alsoFinal Decision). §§ 803; 806
- Default Judgment for Failure to File Answer to Notice of Institution 1107
- Defendant,Defined § 1108
- Described §§ 102.02; 1101.01
- Effect of Adverse Decision in Opposition or Cancellation on Right to Seek Concurrent Registration § 1112
- Entitlement to Registration Must be Proved by Concurrent Use Applicant §§ 1107; 1108; 1109; 1110
- Entitlement to Registration of Common Law User Not Determined §§ 1103.02; 1108
- Ex Parte Type Showing of Entitlement to Registration, When Appropriate § 1107
- Final Decision in (see alsoFinal Decision) §§ 803; 806
- Generated Only by Way of Application for Concurrent Registration § 1102.01
- Geographic Limitations Considered Only in §§ 309.03(a)(1); 311.02(b); 313.01; 514.03; 1101.02
- Incontestable Registrations Are Subject to Concurrent Use Proceeding § 1105
- Information in Application and Notice of Institution What They Provide §§ 1103.01(c) – (f); 1106; 1107
- Instituted Only as Result of Application for Concurrent Registration § 1102.01
- Intent-to-Use Application Filed Seeking Concurrent Concurrent Use Application Void § 1103.01(a)
- Intent-to-Use Applications Not Subject to Concurrent Use Proceeding Until After Acceptable Affidavit of Use Filed. § 1105
- Involved Applications and/or Registrations, Described. § 1104
- Issues in § 1108
- Judgment, Default,for Failure to File Answer to Notice of Institution § 1107
- Junior Party, Defined § 1108
- Locating Excepted Users. § 1106.05
- Mailing of Documents to Excepted User After Default Judgment Entered Against it § 1107
- Notice of Institution §§ 1106.04; 1107
- Opposition to Concurrent Use Application Procedure When Filed § 1106
- Oral Hearing (see alsoOral Hearing: On the Case) §§ 802; 1109
- Parties to, Described. § 1104
- Petition to Director From Action of TTAB During (seePetition to the Director)
- Plaintiff, Defined § 1108
- Pleadings (Has No Complaint) §§ 1106; 1107; 1109
- Procedure When Application Published Subject to Concurrent Use Proceeding is Opposed § 1106.02
- Proof of Applicant's Entitlement to Registration May be Ex Parte in
- Nature in Certain Default Situations § 1107
- Proof of Applicant's Entitlement to Registration Must be Made Even Against Defaulting User § 1107
- Publication Statement for Concurrent Use Application §§ 1103.01(f); 1103.02; 1103.03; 1106.01
- Registration Cannot be Geographically Restricted by Section 7(e) Amendment § 1101.02
- Registrations Involved in Proceeding, Described § 1104
- Registrations Not Subject to Proceeding, Described § 1105
- Request to Amend Application Must be Served Even Upon Defaulted Excepted User § 1107
- Senior Party, Defined § 1108
- Settlement Agreement Providing for Concurrent Registration § 1110
- Statement, Publication,for Concurrent Use Application §§ 1103.01(f); 1103.02; 1103.03; 1106.01
- Status of Application After Proceeding § 807
- Status of Excepted User After Default Judgment Entered Against it § 1107
- Storage of Files and Exhibits After Termination of Proceeding §§ 120.03; 806
- Supplemental Register Applications and Registrations Not Subject to Concurrent Use Proceedings § 1105
- Termination of §§ 120.03; 806
- Trial Schedule for §§ 701; 1109
- Conduct of Practitioner:
- Conferences:
- Confidential Materials:
- Confidential Information §§ 402.02; 412; 801.03
- Confidential Materials §§ 120.02; 412.04; 703.01(p); 703.02(l)
- Consent Orders, Not Issued by TTAB § 605.03(f)
- Consent to Entry of JudgmentAgainst Self § 604
- Consolidatedand Combined Complaints § 305
- Consolidation:
- Of Applications During Ex Parte Appeal § 1214
- Of Inter Partes Proceedings § 511
- Constructive Use, Judgment Entered Subject to Prevailing Party's Establishment of. § 901.02(b)
- Contact With TTAB Personnel § 105
- Contempt, TTAB Cannot Hold Person in. § 502.05
- Copies of Files or Parts Thereof:
- Certified Copies (see alsoCertified Copies of Files or Parts Thereof) §§ 121; 122
- Plain Copies § 121
- Correction of Errors in Deposition Transcript § 703.01(n)
- Correction of Inter Partes Proceeding Title § 512
- Correspondence With Whom Held:
- Counterclaim:
- Answer to:
- Compulsory:
- Defense Attacking Validity of Plaintiff's Registration Requires Counterclaim §§ 311.02(b); 313.01
- Defense Seeking Restriction of Plaintiff's Registration Requires Counterclaim § 311.02(b)
- Effect on, When Main Claim Disposed of § 606
- Fee for Filing (see alsoFee) §§ 118.01; 313.02
- Form of, Generally § 313.03
- Grounds Available § 313.03
- Legal Equivalent of Petition to Cancel § 313.01
- May Seek Cancellation in Whole or in Part § 313.01
- Must be Served Upon Every Other Party § 313.03
- Must Seek Cancellation of Plaintiff's Registration § 313.01
- Not Vehicle for Geographic Limitation § 313.01
- Permissive, Defined §§ 313.05; 313.06
- Reliance on Registration by Plaintiff Tolls Five-Year Period as to Counterclaim §§ 307.02(c)(1); 313.03
- Same Matter Should Not be Pleaded Both as Counterclaim and as Affirmative Defense § 311.02(b)
- Standing Inherent,Need Not be Pleaded § 313.03
- Trademark Rules 2.111-2.115 Applicable to § 313.01