Why Brand Protection Is Essential in Today’s Market

In a crowded business landscape, imitation is unfortunately common. Competitors and opportunists often try to register trademarks that look or sound deceptively similar to established brands. If left unchecked, these registrations can weaken your brand’s reputation, confuse consumers, and chip away at the value you’ve built.

That’s where the Trademark Trial and Appeal Board (TTAB) becomes a powerful tool. The TTAB provides a legal forum for business owners to challenge problematic trademarks before they gain the legitimacy of federal registration.

At Cohn Legal, PLLC, we remind our clients of one central truth: Your brand is everything. Protecting it today ensures the foundation for tomorrow’s growth.

What Exactly Is the TTAB?

The TTAB is part of the U.S. Patent and Trademark Office (USPTO). Unlike a traditional court, the Board doesn’t award damages or issue injunctions. Instead, it has a very focused job: deciding whether trademarks should be registered or remain registered.

Through TTAB proceedings, entrepreneurs and brand owners can challenge pending applications or existing registrations that threaten their intellectual property. It’s a specialized forum designed specifically for disputes over trademark rights.

Oppositions: Preventing a Copycat From Registering

When the USPTO approves a trademark application, it is published in the Official Gazette. From there, the public has 30 days to oppose the registration.

If you notice an application that is confusingly close to your mark, you can file a Notice of Opposition. This is your chance to stop a copycat before the USPTO grants them exclusive rights.

For example, if your business operates under Ocean Wave Coffee and someone applies for Oshan Wavez Café, the similarity in sound and market could easily confuse consumers. Filing an opposition allows you to intervene before the mark becomes registered.

The TTAB then reviews arguments from both sides and determines whether the new mark can move forward.

Cancellations: Removing an Existing Threat

Sometimes, the issue isn’t a pending application but a mark that has already made it onto the federal register. In these situations, the right tool is a Petition to Cancel.

A cancellation asks the TTAB to strike an existing registration based on grounds such as:

  1. Likelihood of confusion with your earlier mark

  2. Fraud during the registration process

  3. Abandonment (when the mark is no longer in use)

  4. Becoming generic or merely descriptive

By pursuing cancellation, you can remove marks that never should have been registered in the first place, clearing the way for stronger brand protection.

The Importance of Evidence

TTAB cases resemble litigation in many respects, with pleadings, discovery, and trial-like proceedings. To successfully challenge a copycat, you’ll need solid evidence that supports your claims.

This evidence may include:

  1. Discovery responses, including interrogatories and admissions

  2. Business records showing your priority of use

  3. Testimony from key witnesses

  4. Marketing and advertising materials that demonstrate brand recognition

Unlike federal court, TTAB cases are limited to the question of registrability. But the evidence you gather can also prove useful in future disputes, including potential infringement cases in federal court.

Speeding Things Up With Accelerated Case Resolution

Litigation can be expensive and time-consuming. The TTAB offers an alternative called Accelerated Case Resolution (ACR).

With ACR, the parties agree to streamline the process, submitting their arguments and evidence on a shorter timeline. The Board can then issue a quicker decision, sometimes based solely on written briefs and stipulated facts.

For businesses dealing with copycats, ACR can be an efficient way to achieve clarity without years of drawn-out litigation.

Settling With Strategy

Not every TTAB dispute ends in a final decision. Many are resolved through settlement agreements.

These agreements may result in:

  1. The applicant amending or limiting its trademark application

  2. Both parties entering into a coexistence or consent agreement

  3. The applicant withdrawing its application altogether

Settlements can save time and money, but it’s important to ensure any agreement truly protects the core of your brand.

Why Having Counsel Matters

TTAB proceedings are governed by strict rules and timelines. Missing a deadline, filing with the wrong office, or failing to serve the other party properly can jeopardize your entire case.

An experienced trademark attorney does more than file paperwork, they develop a strategy. From drafting a compelling opposition to handling discovery disputes, counsel ensures your case is both procedurally sound and persuasive on the merits.

At Cohn Legal, PLLC, we aim to simplify this process. Think of us as your legal consigliere: guiding you through complex steps with clarity and making sure your brand is protected at every turn.

Looking Beyond U.S. Borders

While TTAB proceedings protect you in the United States, brand protection rarely stops at national borders. Businesses expanding internationally should consider:

  1. Filing under the Madrid Protocol for multi-country protection

  2. Monitoring trademark databases abroad

  3. Pursuing opposition or cancellation actions in key international markets

  4. Securing domain names to prevent cybersquatting

Combining TTAB action with global IP strategies ensures your brand is safeguarded wherever your business operates.

The Urgency of Acting Quickly

Timing is everything in trademark law. The opposition window is limited, and cancellation claims may be barred if not filed in time. Hesitation can mean a copycat gains a registration, making it harder to protect your mark later.

Being proactive not only safeguards your brand but also sends a clear message to the marketplace: you take your intellectual property rights seriously.

Conclusion: Proactive Defense of Your Brand

Copycats are inevitable when your business begins to succeed. But you are not powerless. Through TTAB oppositions and cancellations, you can keep confusingly similar marks off the register and maintain the distinctiveness of your brand.

At Cohn Legal, PLLC, we believe protecting your intellectual property is protecting your dreams. Whether you are a startup or an established company, your brand deserves unwavering defense.

Think big. Create and protect your dreams. And never let a copycat take what you’ve worked so hard to build.

Ready to take action against a copycat trademark? Schedule a free consultation with Cohn Legal, PLLC today. Together, we’ll safeguard your brand’s future.