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Judicial Review A party may appeal a TTAB decision to a district court, where it is reviewed de novo. De novo review generally means that the district court can take a fresh look at all factual and legal determinations. Unfavorable decisions can alternatively be appealed straight to the Federal Circuit.
The Trademark Trial and Appeal Board (TTAB) handles appeals involving applications to register marks, appeals from expungement or reexamination proceedings involving registrations, and trial cases of various types involving applications or registrations.
A manual published for trademark practitioners by the US Patent and Trademark Office (USPTO) describing the current practices and procedures for litigating before the Trademark Trial and Appeal Board (TTAB).
The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine the right to register a trademark.
File an appeal of refusal to register Go to the File a New Proceeding section on ESTTAs filing page to select the Appeal of Refusal to Register form. Enter the subject application serial number and select Start to open the form. Preview the appeal of refusal to register form before filing.
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A TTAB opinion or decision issued as a precedent, serves as controlling legal authority for attorneys and judges of the TTAB determining later cases involving the same issue(s).
Unlike when a case is brought in state or federal court, the TTAB cannot award damages, attorneys fees, or litigation costs. The tribunal also does not have the power to grant an injunction.