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This document details the decision of the Trademark Trial and Appeal Board regarding the refusal of RCN Telecom Services, Inc.'s trademark application for telecommunications services, including the
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How to fill out Hearing Disposition - Trademark Trial and Appeal Board

01
Begin by obtaining the Hearing Disposition form from the Trademark Trial and Appeal Board (TTAB).
02
Fill in the basic information at the top of the form, including the case number and the names of the parties involved.
03
Specify the type of proceeding and the nature of the hearing in the designated sections.
04
Detail the outcome of the hearing, including any decisions made by the Board.
05
Include a summary of the arguments presented by both sides during the hearing.
06
Provide any relevant dates related to the hearing and disposition.
07
Review the filled-out form for accuracy and completeness.
08
Sign and date the form where indicated.
09
Submit the Hearing Disposition form to the TTAB via the appropriate method (mail or electronic submission).

Who needs Hearing Disposition - Trademark Trial and Appeal Board?

01
Parties involved in trademark disputes before the TTAB.
02
Legal representatives, including attorneys, representing clients in trademark cases.
03
Individuals or entities seeking to finalize the outcomes of their trademark hearings.
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Withdrawal by Applicant: After a trademark opposition has been commenced, an applicant may expressly abandon its trademark application only with the written consent of the Opposer. The failure to obtain the written consent of the Opposer shall result in judgment being entered against the Applicant.
You can only appeal when a final refusal has been issued by an examiner. So the procedural status has to be properly aligned at the examination phase before something can move to the appellate phase. And an appeal is generally going to take about six months, on average.
An answer to a trademark opposition may include affirmative defenses. Examples of affirmative defenses are Opposer's unclean hands or fraud in bringing the opposition. Such defenses include that the Applicant should be entitled to registration subject to certain restrictions to its identification of goods or services.
If someone decides to oppose your trademark, they file a notice of opposition. This notice will list any and all allegations and their reasons why they believe your application should be rejected. Once the notice has been filed, you have 30 days to answer.
The Trademark Trial and Appeal Board (the TTAB or the Board) is a neutral body that functions like a court for trademark matters at the USPTO. The Board's administrative trademark judges are authorized to determine a party's right to register a trademark with the federal government.
Affirmative defenses may include unclean hands, laches, estoppel, acquiescence, fraud, mistake, prior registration defense, prior judgment, or any other matter constituting an avoidance or affirmative defense. The applicant may also file a counterclaim to cancel the registration pleaded by opposer.
Using TTABVUE, you can view a TTAB proceeding file by entering the proceeding number, or search for proceedings by application number, registration number, expungement/reexamination number, mark, party, correspondent. Find proceedings with the following criteria: Enter applicable search terms below.
An answer to a trademark opposition may include affirmative defenses. Examples of affirmative defenses are Opposer's unclean hands or fraud in bringing the opposition. Such defenses include that the Applicant should be entitled to registration subject to certain restrictions to its identification of goods or services.

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Hearing Disposition is a document issued by the Trademark Trial and Appeal Board (TTAB) that summarizes the outcome of a hearing related to trademark disputes.
The parties involved in a trademark dispute, typically the applicant and the opposer, are required to file the Hearing Disposition with the TTAB after a hearing.
To fill out the Hearing Disposition, parties need to provide details such as the case number, names of the parties, dates of the hearing, summary of the arguments presented, and the decision rendered by the TTAB.
The purpose of the Hearing Disposition is to formally document the results of the hearing, to outline the arguments made by each party, and to provide clarity on the TTAB's decision for future reference.
The information required includes the case title, involved parties, hearing date, the issues addressed, a summary of the oral arguments, and the decision made by the TTAB.
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