Trademark Trial and Appeal Board standing

Trademark Trial and Appeal Board Allows Consumer Standing to Oppose Trademark Registration

A recent TTAB decision, Curtin v. United Trademark Holdings, Inc. (TTAB 2018), allowed a consumer of the products at issue to assert standing to oppose the registration of the mark RAPUNZEL for dolls, based on the consumer’s allegations of consumer harm.  The TTAB held that there is no requirement that one has a commercial interest or be a competitor of the applicant for standing.

Companies who seek to register marks that arguably are descriptive or generic now may face expanded chances for opposition to their registration of such marks.