When can you resolve a dispute before the Trademark Trial and Appeal Board, when must you, and when can't you? What are the pros and cons of choosing this approach over other options? This important and much-needed guide examines all types of TTAB proceedings in detail. Trademark Trial and Appeal Board Practice: A Comprehensive Review explains the Board's unique attributes, its powers, and the limits on those powers. It explores the issues likely to arise at each stage of a proceeding, offering strategic insights that can help you get the results you seek. Topics covered include: Interpartes and ex parte proceedings; Differences between board proceedings and litigation in other forums; Opposition, cancellation, concurrent use, and interference proceedings, as well as ex parteappeals; Standing, service of process, discovery, motion practice, trial and post-trial procedure; "Dilution," "mere descriptiveness," and"acquired distinctiveness"; "Likelihood of confusion," with detailed analysis of the DuPont factors; Appeals from TTAB decisions in the federal courts; And more Practitioners will find in-depth guidance on procedural requirements, legal issues, and tactical considerations. Should you file a Letter of Protest with the United States Patent and Trademark Office rather than beginning opposition proceedings? Does the plaintiff have a "reasonable belief" of damage? No matter which side you represent, don't take another step without this valuable reference.
Trademark Trial and Appeal Board Practice : A Comprehensive Review