Get the free Trademark Trial and Appeal Board Opinion

This opinion addresses the opposition by PepsiCo, Inc. against applications owned by Rockstar Industries LLC and the cancellation of registrations owned by Rockstar LLC. The focus is on the likelihood of confusion under Trademark Act Section 2(d) due to the identical nature of the \'ROCKSTAR\' mark used in relation to similar food and beverage products. The decision ultimately sustains the opposition and grants the cancellations.

How to fill out trademark trial and appeal

How to fill out trademark trial and appeal

1. Determine the basis for your appeal from the Trademark Trial and Appeal Board (TTAB).
2. Gather necessary documentation and evidence to support your case.
3. Complete the appropriate form for filing an appeal, ensuring all required information is included.
4. Pay the required filing fee to the USPTO.
5. Submit your appeal electronically through the ESTTA (Electronic System for Trademark Trials and Appeals) or by mail.
6. Prepare your appeal brief, outlining the legal and factual basis for your appeal.
7. File your appeal brief within the specified time frame, following TTAB rules and guidelines.
8. Be prepared to attend hearings or provide additional documentation if required.

Who needs trademark trial and appeal?

1. Individuals or businesses whose trademark applications have been denied.
2. Parties involved in disputes over trademark registrations.
3. Trademark owners seeking to challenge decisions made by the USPTO.
4. Attorneys representing clients in trademark-related cases.

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What is trademark trial and appeal?

Trademark trial and appeal refers to the proceedings conducted by the Trademark Trial and Appeal Board (TTAB) to resolve disputes related to trademark registrations, such as opposition and cancellation proceedings.

Who is required to file trademark trial and appeal?

Any party who believes they are harmed by a trademark registration or application, including trademark owners, applicants, and third parties, may file a trademark trial and appeal.

How to fill out trademark trial and appeal?

To fill out a trademark trial and appeal, one must complete the appropriate forms provided by the USPTO, providing detailed information about the dispute, including the grounds for the trial or appeal and relevant facts.

What is the purpose of trademark trial and appeal?

The purpose of trademark trial and appeal is to provide a legal forum for resolving disputes over trademark registrations and to ensure that trademarks that are not entitled to protection can be canceled or opposed.

What information must be reported on trademark trial and appeal?

The information required for a trademark trial and appeal includes the names of the parties involved, the trademark at issue, the basis for the trial or appeal, and evidence supporting the claims.