Trademark Trial and Appeal Board
The Trademark Trial and Appeal Board (“TTAB”) is a specialized administrative tribunal in the United States that handles various proceedings related to trademarks. It is part of the United States Patent and Trademark Office (“USPTO”) and plays a crucial role in trademark law and dispute resolution. The TTAB has two primary functions …
Trademark Trial Proceedings: The TTAB hears and decides cases involving trademark oppositions and cancellations. Opposition proceedings occur when a party opposes the registration of a trademark based on potential conflicts with their existing rights. Cancellation proceedings, on the other hand, are initiated to cancel an already registered trademark based on certain grounds, such as abandonment or non-use.
Trademark Appeal Proceedings: The TTAB also handles appeals from adverse decisions made by trademark examining attorneys at the USPTO. If an applicant’s trademark application is refused registration, they can appeal the decision to the TTAB. Similarly, if a party’s opposition or cancellation petition is denied, they can appeal to the TTAB.
During proceedings before the TTAB, parties can present evidence, arguments, and legal briefs to support their positions. The TTAB examines the evidence and arguments and issues decisions on the merits of the case. These decisions can be appealed further to the federal courts. The TTAB operates according to the rules and procedures set forth in the Trademark Act (Lanham Act) and its associated regulations. It provides an efficient and cost-effective forum for resolving trademark disputes, offering parties an alternative to traditional litigation in federal courts.