This article discusses the decision issued in Cards Against Humanity v. Vampire Squid Cards, in which the Trademark Trial and Appeal Board (TTAB) in February addressed the issue of the availability of acquiescence as a defense in an opposition proceeding. In this case, the TTAB found that acquiescence is not applicable to an opposition proceeding because there cannot be any unreasonable delay in pursuing a claim when a notice of opposition is filed during the permitted period after the publication of the mark. Although the TTAB's decision in this matter is not precedential, it does help instruct on the availability of this defense in an opposition proceeding.
Read "TTAB Provides Guidelines on Acquiescence" in its entirety.
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