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The U.S. Patent and Trademark Office’s (PTO) Trademark Trial and Appeal Board (TTAB) offers the opportunity to prevent registration of a trademark through an opposition proceeding, or to petition to cancel a trademark that has already registered. A recent 8th Circuit decision evidences the district court’s lack of deference to TTAB decisions, offering an unsuccessful party in a TTAB proceeding a second chance. B&B Hardware, Inc. v. Hargis Industries, Inc.

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