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The Case for Use of Accelerated Case Resolution in TTAB Proceedings
At the time of early discovery conferences, parties involved in disputes before the Trademark Trial and Appeal Board are required to consider “any additional topics that could promote settlement or efficient adjudication of the Board proceeding,' including the Board's Accelerated Case Resolution (ACR) procedure.” T.B.M.P. §401.01. Based on the number of proceedings that actually take advantage of ACR, however, there are very few takers. Of the 6,156 oppositions and 2,101 cancellations initiated before the Board in 2017 to date, only seventeen took advantage of ACR. See, http://bit.ly/2mKCCeJ.
Although ACR may be inappropriate for many proceedings, the reticence of parties to take advantage of a streamlined, efficient structure for proceedings also likely reflects a lack of familiarity with available ACR options as well as an unjustified perception that a robust discovery and trial period always best serve their interests. This article outlines the available options under the Board's ACR rules and discusses the strategic considerations in determining whether ACR might be advantageous, particularly in light of increasing pressure from clients to reduce costs and expedite the decision-making process. In that regard, current statistics reflect that inter partes proceedings, on average, take more than three years through final decision, use of ACR can result in a decision in less than a year.
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