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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) 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. Trademark Trial and Appeal Board - USPTO uspto.gov trademarks ttab uspto.gov trademarks ttab
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). Designation of TTAB Decisions as Precedential - USPTO United States Patent and Trademark Office (.gov) default files documents United States Patent and Trademark Office (.gov) default files documents PDF
Decisions of the TTAB may, in turn, be appealed, in some cases, to a United States district court, or the United States Court of Appeals for the Federal Circuit.
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. Initiating a new proceeding - USPTO uspto.gov trademarks ttab initiating-ne uspto.gov trademarks ttab initiating-ne
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The title of the manual is abbreviated as TBMP. A citation to a section of the manual may be written as TBMP (2014). As with previous editions, this edition is available online at the Board home page of the USPTO web site in a searchable, printable format. TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF - USPTO uspto.gov appeal TBMPfullversion uspto.gov appeal TBMPfullversion
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.