Trademark Trial And Appeal Board And Patent Trial And Appeal Board Proceedings
The attorneys at Hovey Williams LLP regularly represent clients in intellectual property hearings before the Trademark Trial and Appeal Board (TTAB) and Patent Trial and Appeal Board (PTAB). These administrative boards handle adversary proceedings involving trademarks and patents respectively.
What You Can Expect In A TTAB Proceeding
Timing is everything. If you want to oppose a trademark application, it is necessary to file the notice or an extension request during the 30-day publication period. If you want to cancel a trademark registration, certain grounds for cancellation are no longer viable after the mark has been registered for five years.
If you have received a notice of opposition or cancellation petition from the TTAB, it is important to act on a timely basis. Upon receipt of a notice of opposition, you have 40 days to file a response. These proceedings are primarily handled through electronic filings, although oral arguments are permitted before a three-judge panel. It is important to enlist the services of an intellectual property law firm like Hovey Williams, which has extensive experience handling TTAB and PTAB administrative proceedings.
Parties in a TTAB proceeding follow the Federal Rules of Civil Procedure. There is a discovery period, which could include interrogatories, document requests, and depositions. Sometimes experts and surveys are part of the proceeding. The case is decided by a three-judge panel at the U.S. Patent and Trademark Office (USPTO) in Alexandria, Virginia. This panel’s sole responsibility is to determine whether a trademark application is entitled to registration or if a registration should be canceled. The panel does not rule on trademark infringement or a party’s right to use a trademark, although their findings may have precedential impact on any resulting court litigation.
What You Can Expect At A PTAB Proceeding
Parties who have been sued in Federal Court for patent infringement, or who believe another’s patent should not have issued, can seek to challenge the patent before the PTAB. Strict deadlines are involved. You should promptly consult a patent attorney if you find yourself in these situations.
Parties in a PTAB proceeding follow the Federal Rules of Evidence and a specific set of procedural rules designed to address the validity of a patent in an 18-month time frame. There is an exchange of arguments supported by declaration testimony, followed by focused document discovery and depositions of the declarants. The case is heard before a three-judge panel at the USPTO in Alexandria. This panel’s responsibility is to determine whether an issued patent is valid. It does not rule on patent infringement allegations, but those who have been sued in court can resolve their dispute by attacking patent validity in the USPTO for far less than the cost of a lawsuit.
Call Today To Work With A Knowledgeable Intellectual Property Law Firm
Hovey Williams brings an impeccable reputation established over more than eight decades of service to clients in all aspects of intellectual property law. Located in metro Kansas City, our lawyers serve clients throughout the United States and internationally. We invite you to call or use our online contact form to schedule a consultation, either in person or over the phone. We will review the facts of your case and recommend an effective course of action.