By Theresa Wang
Before your client decides to file an application for a trademark without fully committing to the mark, confirm that the client understands the consequences of what may occur if the application draws an opposition. Where there is no opposition or cancellation proceeding, applicants may abandon applications for trademark registrations by simply filing a withdrawal of the application. TBMP sec. 601.02; 602.01. But where an opposition or cancellation proceeding has been initiated, unless the adverse parties provide written consent, a withdrawal will result in judgment against the applicant. Bass Anglers Sportsman Society of America, Inc. v. Bass Pro Lures, Inc., 200 USPQ 819, 822 (TTAB 1978). Applicants must be wary of these judgments, as they have preclusive effects against the applicant’s pursuit of the same mark and could bar the applicant’s ability to register a similar mark if the same adverse party initiates an opposition or cancellation proceeding. Id.; Miller Brewing Co. v. Coy International Corp., 230 USPQ 675, 678 (TTAB 1986).
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