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).
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.
By
Christopher P. Bussert and Jonathan E. Moskin
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