The McHattie Law Firm was recently awarded a summary judgment from the Trademark Trial and Appeal Board (“TTAB”), winning a contested trademark opposition proceeding without the need for trial. Summary judgment is only granted less than 15% of the time by the TTAB. The Firm was able to secure summary judgment through its diligent use of detailed written discovery demands, which the Defendant failed to answer adequately—the all too familiar games played during discovery. The Firm out-maneuvered Defendant, promptly filing a motion for Summary Judgment at the conclusion of discovery. We argued that any responsive documents not produced by Defendant during the discovery period must be barred from consideration, and thus, the Defendant could not possibly refute Plaintiff’s allegations as a matter of law. Despite passionate opposition from the Defendant, the TTAB agreed with the Firm’s arguments and granted summary judgment, barring Defendant from federal Registration of its trademarks.

The McHattie Law Firm prides itself on providing cost-effective legal representation in all trademark matters. If you are involved in a trademark dispute, or are simply interested in gaining the federal Registration of a trademark, give us a call. We are here to help.