Francelina M. Perdomo Klukosky, Esq.
Manhattan, NY: (212) 980-7206
Trademark Trial and Appeal Board
Trademark Trial and Appeal Board Lawyer NYC - Perdomo Law
Trademark Trial and Appeal Board Law Firm, Perdomo Law in Manhattan, New York NY
When registering a trademark, it can present its share of challenges whether you are an applicant whose registration for a trademark has been denied and you would like to appeal it, or you are an existing trademark owner whose rights are being challenged by another party. In either event, you will most likely be dealing with the Trademark Trial and Appeal Board who is governed by the United States Patent and Trademark Office.
What is the Trademark Trial and Appeal Board? (TTAB)
The Trademark Trial and Appeal Board (TTAB) is a supervisory committee within the United States Patent and Trademark Office (USPTO) whose job it is to hear and make a determination on some instances involving trademark registration, mainly appeals, where a USPTO Examining Attorney has refused to register a trademark, cancellations, where one party is seeking to cancel a current trademark registration owned by another party, and oppositions, where one party opposes a trademark by another party in order to prevent the party from obtaining a federal registration.
They also oversee interference proceedings, where two or more parties claim the same or nearly the same invention, to determine who has priority rights of the invention, as well as concurrent use registration proceedings, where it is determined whether one or more applicants are privileged to a concurrent use registration trademark
The Board's only purpose is to determine whether a party or parties have the right to register a trademark. This means they do not make rulings on matters of the court, such as whether a party has a right to use a trademark or trademark infringements. They also do not make rulings regarding unfair competition or award legal damages or lawyer costs to injured parties.
USPTO Examining Attorney Appeals
When you apply for trademark registration, a USPTO Examining Attorney may deny your application if it fails to meet the legal requirements for registration, such as it fails to establish the appropriate justification for the filing, or it fails to identify your services or products appropriately.
If you submit an application for trademark registration and receive a final refusal from an Examining Attorney, but you do not agree with the ruling, you may appeal it at the Trademark and Appeal Board. Once you appeal the decision, the TTAB will reexamine the application and then provide you with their ruling regarding registration of the trademark.
The appeal is reviewed by a panel of three board members whom each assess the application separately. The judges also take into consideration all communication between the Examining Attorney and the applicant. The Board will then use the same legal standard as the USPTO Examining Attorneys to make a final determination, which they will issue via a written statement.
Cancellation Proceedings
During a cancellation proceeding, the Board hears arguments regarding one party's request to cancel a trademark registration owned by someone else.
There are various reasons why a party would petition to have a trademark registration owned by someone else canceled, including the person who registered the trademark is not the legitimate owner of the trademark. Another reason a party may petition to cancel another party's trademark registration is the trademark is too similar to the other party's trademark. If the person who registered the trademark is no longer using the trademark, another party may also petition to have the registration canceled.
Opposition Proceedings
An opposition proceeding enables one party to object to or oppose, the trademark application of another party to prevent them from obtaining a federal registration. There are various reasons a party would oppose a trademark registration, including a claim that the trademark in question is too similar to the other party's registered trademark, which would cause confusion between the two trademarks.
When registering for a trademark, before it can be recorded, it must first be published in the Official Gazette for a period of up to 30 days or more to allow other parties who wish to oppose the registration to do so. During this period, if a party believes that the trademark in question would be detrimental to their registered trademark, they may oppose the published trademark. A three-panel judge heads the opposition proceeding. During the proceeding, once both parties have been given a chance to present their arguments and legal documents to the panel, the panel will then issue a ruling.
When Someone or a Business May Need to Hire a Lawyer to Represent Them in This Process
Trademark Trial and Appeal Board proceedings can be strict similar to court cases in that there are formal rules you must abide by to have your argument heard before the Board, and you must be sure to meet the due dates. There is also a fee for filing a proceeding just like there is a filing fee for many court cases.
Furthermore, more strict proceedings, such as oppositions proceedings and cancellations proceedings, are managed by USPTO regulations, which are set in accordance with federal law. And just like federal courts, they also have strict rules when it comes to the body of facts, which means they can be pretty complicated.
An experienced Trademark Trial and Appeal Board Lawyer can assist you through the procedure for filing your TTAB proceeding as well as appear before the Board, which can help increase your chances of winning your case, especially when seeking an appeal, which historically has proven difficult for applicants to do on their own.
Furthermore, in proceedings involving trademark registration cancellations and oppositions, the attorney can ensure the strict presentations of proof, as well as the appropriate legal arguments, are presented as required by the Board to help ensure your case is thoroughly represented and heard by the Board for the best case scenario.
Contact Trademark Trial and Appeal Board Attorney NYC, Perdomo Law for a Case Assessment
At Perdomo Law, our experienced team of Trademark Trial and Appeal Board Lawyers have extensive knowledge and experience in TTAB matters and have successfully represented many clients throughout the NYC area. When it comes to appearing before the Board, you don't have to do it alone, which can leave you feeling unsure. Instead, contact our professional legal team for assistance and greater confidence when presenting your case.
Please contact us for a case assessment.
Additional References
Perdomo Law
1270 Avenue of the Americas
Suite 2005
New York NY 10020
Phone: (212) 980-7206
Suite 2005
New York NY 10020
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