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Trademark Trial and Appeal Board (TTAB)

The Trademark Trial and Appeal Board (TTAB) handles disputes and appeals related to trademarks.

When conflicts arise between trademark applicants or owners, the TTAB provides a forum for resolution through formal proceedings. This includes evaluating the validity of trademark applications, addressing oppositions filed by third parties, and deciding on the cancellation of existing trademark registrations if warranted by evidence presented.

Furthermore, the TTAB serves as a crucial body for decisions made by USPTO examining attorneys regarding trademark applications. Applicants who receive unfavorable decisions from examining attorneys can appeal to the TTAB for reconsideration. Additionally, the TTAB handles appeals from decisions made by trademark trial judges, ensuring consistency and fairness in trademark law application.

The TTAB plays a vital role in maintaining the integrity and clarity of the trademark registration process, ultimately safeguarding the rights of trademark owners, and promoting a fair marketplace for businesses and consumers alike

When would I seek assistance with a TTAB case?

You may need help with a Trademark Trial and Appeal Board (TTAB) matter in several situations, including:

  • Filing Oppositions or Petitions for Cancellation: If you believe that a pending trademark application or an existing trademark registration may conflict with your own trademark rights, you may need assistance in filing an opposition to the registration or a petition for cancellation of the existing registration.
  • Responding to Oppositions or Petitions for Cancellation: If your trademark application is opposed or if someone petitions to cancel your trademark registration, you may need help in preparing and filing your response to the opposition or cancellation petition.
  • Appealing USPTO Decisions: If your trademark application has been refused registration by a USPTO examining attorney, or if you disagree with another decision made by the USPTO related to your trademark rights, you may need assistance in filing an appeal to the TTAB.
  • Engaging in Settlement Negotiations: In some cases, it may be advantageous to negotiate a settlement with the opposing party to resolve a TTAB matter. You may need help in negotiating a favorable settlement agreement that protects your trademark rights while avoiding the time and expense of litigation.

How much does a TTAB proceeding cost? 

The cost of a Trademark Trial and Appeal Board (TTAB) proceeding can vary depending on several factors, including the complexity of the case, the duration of the proceedings, and how many trademarks are involved. Call us to discuss in more detail the estimated timeline and cost to fight for your trademark rights.

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