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Opposition & Letter of Protest Evidence Intake Form - TTAB

This form is limited to evidence collection and factual substantiation for building and supporting a Notice of Opposition before the USPTO TTAB. Sections relating to party identification and application data are intentionally excluded.

1. Priority and Earlier Rights Evidence

Basis of Priority Claimed

Basis of Priority Claimed

Date of First Use Anywhere

Date of First Use in U.S. Commerce

Evidence Available to Prove Priority

Evidence Available to Prove Priority

Upload Priority Evidence

2. Evidence of Continuous and Bona Fide Use

Describe How the Mark Has Been Used Over Time

Has Use Been Continuous Since First Use?

Has Use Been Continuous Since First Use?
A
B
C

Explanation

Channels of Use

Channels of Use

Geographic Scope of Use

3. Likelihood of Confusion - Supporting Evidence

Similarity of the Marks

Similarity of the Marks

Brief Explanation of Mark Similarity

Relatedness of Goods / Services

Relatedness of Goods / Services
A
B
C

How Would Consumers Encounter Both Marks in the Marketplace?

Target Consumer Overlap

Target Consumer Overlap
A
B
C

4. Evidence of Actual Confusion

Have You Experienced Actual Consumer Confusion?

Have You Experienced Actual Consumer Confusion?
A
B

If yes, types of confusion evidence available

If yes, types of confusion evidence available

Narrative Description of Confusion

Upload Confusion Evidence

5. Evidence of Bad Faith or Intent to Trade on Reputation

Evidence Suggesting Knowledge of Your Mark Prior to Filing

Evidence Suggesting Knowledge of Your Mark Prior to Filing

Evidence of Copying or Imitation

Evidence of Copying or Imitation

Prior Relationship Between the Parties

Prior Relationship Between the Parties
A
B
C
D

Explanation and Supporting Documentation

Upload Bad Faith Evidence

6. Market Strength and Distinctiveness Evidence

Evidence Supporting Acquired Distinctiveness or Market Recognition

Evidence Supporting Acquired Distinctiveness or Market Recognition

Approximate Annual Revenue Generated Under the Mark

7. Enforcement and Policing Evidence

Prior Enforcement Actions Involving the Mark

Prior Enforcement Actions Involving the Mark

Details and Outcomes of Prior Enforcement Actions

8. Evidence Upload Checklist

Please attach all available supporting documents below. Include any or all of: proof of use and priority, dated marketing and advertising materials, website and social media screenshots, evidence of confusion, evidence of bad faith or imitation, prior enforcement correspondence, any additional material supporting likelihood of confusion.

Upload All Supporting Evidence

9. Declaration

I confirm that the information and documents provided are accurate and complete to the best of my knowledge.

Name

Date

Signature

Signature