Considerations for USPTO Proceedings

USPTO proceedings are complex matters and there are many things you should be aware of before making a decision. As far as motions are concerned the Trademark Trial and Appeal Board (TTAB) generally complies with Federal Rules, however there are exceptions. There are special motions to dismiss due failure to provide testimony or evidence and there are other rules differences regarding response time and what happens when no response is entered. Such proceedings usually use accelerated case resolution (ACR) in order to speed up the process. What this means is the TTAB can resolve genuine issues of fact and issue final rulings. It also means that if agreed, the parties can skip discovery, oral hearing, expert testimony, and trial. If after a USPTO proceeding you are still not satisfied with the outcome and have grounds to appeal, then a petition for consideration can be filed within one month of the decision. Know what you are getting into before the proceeding begins and ensure you are complying with all rules.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.