Petition to Cancel

The trademark owner may need to file a Petition to Cancel another trademark registration if a prior registration is preventing the registration of your trademark. This is possible if your trademark has priority in commerce or if the other trademark registration has been abandoned and is not being used in commerce.

Notice of Opposition

The trademark application may be accepted by the USPTO but, during the 30-day period of publication to the public, another entity may file a Notice of Opposition with the TTAB opposing the trademark application. The trademark owner then has to decide whether or not to fight the Notice of Opposition, abandon the trademark application or try to negotiate a settlement or coexistence agreement with the opposing party.