TTAB Opposition Defense Guide

First things to preserve

TTAB Opposition Defense situations can move quickly. Preserve documents before replying, deleting listings, changing packaging, or contacting the other party.

This guide focuses on deadlines, pleadings, discovery, and settlement options.

• Demand letters, notices, complaint forms, and deadlines.
• Screenshots, product photos, webpages, listings, and packaging.
• Filing records, registrations, assignments, licenses, and correspondence.
• Sales, launch, publication, and first use dates.

Questions for counsel

Dispute strategy depends on claims, evidence, forum, deadlines, business goals, and the cost of escalation.

• What response deadline is real or strategic?
• Which facts help or hurt the position?
• Should communications go through counsel?
• What settlement terms should be considered?

What not to assume

A demand letter does not automatically mean the sender is right. A registration does not answer every marketplace question. A platform complaint may have a different process from a court or USPTO proceeding.

• Preserve first, respond second.
• Avoid public statements without advice.
• Do not miss formal deadlines while negotiating informally.

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