TTAB Appeals: Determining When and Where to Appeal, Motions for Reconsideration and Relief, Federal Court Options

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 28, 2023

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will guide IP counsel on Trademark Trial and Appeal Board (TTAB) appeals. The panel will discuss practices and procedures for challenging a TTAB decision through a motion for reconsideration, a motion for relief from judgment, an appeal to the Federal Circuit, and bringing suit in federal district court. The panel will offer best practices for TTAB appeals.

Description

Upon receiving an adverse final action from the examiner, the trademark applicant can appeal the refusal to the TTAB. The applicant can use a motion for reconsideration or a motion for relief to challenge the adverse action.

If the TTAB affirms the final refusal, the applicant can look to the federal courts for help. The applicant can choose to appeal in the Federal Circuit Court of Appeal or file a new action in the district court.

When deciding whether, when, and where to appeal, the applicant should keep in mind key considerations, including the costs, timing, limitations of the different options, and the venue's standard of review.

Listen as our authoritative panel of IP attorneys examines TTAB appeals. The panel will discuss practices and procedures for challenging a TTAB decision through a motion for reconsideration, a motion for relief from judgment, an appeal to the Federal Circuit, and bringing suit in federal district court. The panel will offer best practices for TTAB appeals.

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Outline

  1. TTAB appeal determination
  2. Practices and procedures
  3. Going to federal court
    1. Federal Circuit
    2. District court
  4. Best practices for TTAB appeals

Benefits

The panel will review these and other key questions:

  • What are the key considerations for trademark counsel when determining whether and where to appeal an office action?
  • What are the limitations of the different appeal options?
  • What other strategies should counsel implement to increase the likelihood of success on appeal?

Faculty

Collen, Jess
Jess M. Collen

Member
Rothwell Figg Ernst & Manbeck

For organizations including professional sports teams, nonprofits, a wide variety of luxury brands, and media clients,...  |  Read More

Hastings, James
James R. Hastings

Of Counsel
Rothwell Figg Ernst & Manbeck

Mr. Hastings has more than 20 years of experience representing corporate and entrepreneurial brand owners in all facets...  |  Read More

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