Accelerated decision of TTAB instances – Is that this what you want?

Accelerated decision of TTAB instances – Is that this what you want?

The USA Patent and Trademark Workplace (USPTO) Trademark Trial and Enchantment Board (TTAB) has launched a brand new process referred to as Accelerated Case Decision (ACR). Its intention is to supply a quicker and hopefully more cost effective determination on the subject of TTAB opposition or cancellation proceedings. CAB affords events the chance to conform to discovery, submission of briefs, and adherence to a binding determination on the deserves inside fifty (50) days of submitting of briefs.

Whereas the TTAB’s ACR choice should be thought of on the preliminary convention between the events, every get together should decide whether or not it’s legitimate, doable and useful. Some evidentiary concerns and different elements embrace:

Time – is time important in any manner?

Price – Do you wish to keep away from prolonged and presumably pricey discovery and hearings?

Complexity of the case – is that this a trademark subject that may be resolved shortly?

Variety of witnesses – will there be specialists?

Variety of paperwork – what’s the quantity?

The events ought to perceive that participation within the ACR excludes the opportunity of a trial. A typical TTAB process with trial could also be higher in numerous instances. Since each factual state of affairs is exclusive to some extent, the recommendation of a professional trademark legal professional could be essential.

Nonetheless, trademark attorneys should inform their purchasers of the ACR choice of the TTAB. Nonetheless, whether or not interlocutory counsel recommends it or not, the choice is finally as much as the events concerned. Consideration of the above elements and an general technique ought to assist resolve whether or not or not TTAB’s ACR choice is suitable within the specific case. The assistance of a TTAB trademark lawyer might be useful.