As a trademark attorney, much of my work involves the administrative side of securing and maintaining trademark registrations. But when it comes to truly protecting a client’s brand, litigation often becomes necessary. While trademark enforcement might not have the courtroom drama of Law & Order®, it’s vital to ensuring your brand remains uniquely yours.
While some disputes end up in federal or state courts, others are best handled by the Trademark Trial and Appeal Board (TTAB). The TTAB is an administrative judicial body within the U.S. Patent & Trademark Office (USPTO) that resolves disputes over the registration of trademarks. These proceedings, known as Oppositions and Cancellations, focus on whether a third party should be allowed to obtain or retain a federal trademark registration.
Understanding TTAB Proceedings
TTAB proceedings might not have the Hollywood flair of a courtroom battle, but they are no less serious. Here are a few key differences from traditional court cases:
- Dispute Types:The TTAB only deals with issues related to USPTO applications and registrations. It does not handle cases of trademark infringement, like unauthorized use of a mark.
- No Damages Awarded:Unlike a court case, the TTAB cannot award damages or attorneys’ fees. Each party bears their own costs.
- Document-Based Proceedings:TTAB cases are mainly handled through written documents. There are no live witnesses, no jury, and decisions are made by an administrative judge.
While the TTAB might seem less daunting than federal court, it’s still a complex process governed by the Federal Rules of Civil Procedure. Discovery, depositions, expert witness reports, and legal briefs are all part of the process, and it can quickly become overwhelming.
The Cost of TTAB Proceedings
Don’t be fooled into thinking a TTAB case is a simple DIY project. The average TTAB proceeding costs around $100,000 and can drag on for two years or more. Costs can skyrocket if the dispute is particularly contentious or evidence-heavy. Missing deadlines or making procedural errors can put your case at risk.
If you receive a Notice of Opposition or Petition to Cancel, it’s crucial to consult with an experienced TTAB attorney. A knowledgeable lawyer can help you strategize, manage costs, and greatly improve your chances of a favorable outcome.
Our firm has extensive experience with TTAB proceedings and can guide you through the process. Contact us to discuss how we can help protect your brand.