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Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines

Although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.

12 minute read October 01, 2024 at 12:11 AM
By
Christopher P. Bussert and Jonathan E. Moskin
Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines

Section 1071 of the Lanham Act provides parties two options for appealing adverse ex parte decisions from the Trademark Trial and Appeal Board (TTAB). The dissatisfied party may either appeal to the Federal Circuit under Section 1071(a) or to any U.S. district court under Section 1071(b). 15 U.S.C. §1071(a)-(b).

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