What is the Trademark Trial and Appeal Board?
The Trademark Trial and Appeal Board (TTAB) is a court for trademark registration at the United States Patent and Trademark Office (USPTO). The TTAB is an Administrative Tribunal under the Trademark Act of 1946 (Lanham Act).
What matters do TTAB judges hear?
1- Appeals filed by trademark applicants whose trademark applications have been rejected.
2- Appeals from Expungement or Reexamination proceedings involving trademark registrations.
3- Trademark Opposition proceedings: are filed by third parties opposed to the federal registration of a particular mark. The opposition must be filed by someone who believes it would be damaged by the registration of that pending trademark application.
4- Trademark Cancellation proceedings: filed by third parties seeking to cancel a trademark registration issued by the USPTO. A trademark cancellation proceeding takes place in the United States Patent and Trademark Office (USPTO) before the Trademark Trial and Appeal Board (TTAB). The Notice of Cancellation must be filed by someone who believes it would be damaged by the existing trademark registration.
5- Concurrent Use: Request for a geographically limited registration.
The Trademark Trial and Appeal Board has Limited Jurisdiction
The Trademark Trial and Appeal Board only determines whether an applicant or registrant has the right to register a mark or to retain a registration under challenge. To put it simply, the Trademark Trial and Appeal Board determines the right to register a trademark with the federal government. Therefore, the TTAB jurisdiction is limited.
The TTAB won’t determine whether you have the right to use a trademark and does not issue injunctions. Additionally, the TTAB does not award money damages or attorney’s fees. Therefore, for anything other than determining if a trademark should or should not be registered at the USPTO, you must file a complaint in federal or state court.
United States Licensed Attorney
“An applicant, registrant, or party to a proceeding whoseU.S. counsel rule – for all TTAB cases since 2019
domicile is not located within the United States or its
territories must be represented by an attorney” who is
admitted before a state or district of the U.S.
Is your domicile in the United States? Do you have a domestic representative in the United States? The answers to these questions are important because any party to such a proceeding without domicile in the United States must be represented by a properly-licensed U.S. attorney.
Llame ahora a un abogado licenciado en Estados Unidos que se especialice en marcas.
Do not ignore notices from the USPTO or from the TTAB. Contact Solid Rep experienced trademark attorneys to represent you.