BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, February 28, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will guide IP counsel on Trademark Trial and Appeal Board (TTAB) appeals. The panel will discuss practices and procedures for challenging a TTAB decision through a motion for reconsideration, a motion for relief from judgment, an appeal to the Federal Circuit, and bringing suit in federal district court. The panel will offer best practices for TTAB appeals.

Faculty

James R. Hastings
Of Counsel
Rothwell Figg Ernst & Manbeck PC

Mr. Hastings has more than 20 years of experience representing corporate and entrepreneurial brand owners in all facets of trademark law and brand protection and enforcement. Previously, Mr. Hastings served as in-house counsel to a well-known national catalog retailer. He is author of the online publication, Trademark Opposition Lawyer—a guide for CEOs and in-house counsel about contested proceedings before the U.S. Trademark Trial and Appeal Board.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Jess M. Collen
Member
Rothwell Figg Ernst & Manbeck PC

For organizations including professional sports teams, nonprofits, a wide variety of luxury brands, and media clients, Mr. Collen provides guidance, counsel, and advocacy on trademarks and brand protection, copyrights, social media, and all aspects of intellectual property protection, enforcement, and monetization. He has litigated hundreds of cases for U.S. and foreign clients in the federal trial courts, courts of appeal, administrative tribunals, and even the U.S. Supreme Court. Few U.S. trademark lawyers have handled as many trademark office registrations and Trademark Trial and Appeal Board (TTAB) cases as Jess. With over 35 years of experience, and client relationships measured in decades, Mr. Collen brings strategic thinking, professionalism, and continuity to the development and management of what are often a company’s most valuable asset: its brands.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Upon receiving an adverse final action from the examiner, the trademark applicant can appeal the refusal to the TTAB. The applicant can use a motion for reconsideration or a motion for relief to challenge the adverse action.

If the TTAB affirms the final refusal, the applicant can look to the federal courts for help. The applicant can choose to appeal in the Federal Circuit Court of Appeal or file a new action in the district court.

When deciding whether, when, and where to appeal, the applicant should keep in mind key considerations, including the costs, timing, limitations of the different options, and the venue's standard of review.

Listen as our authoritative panel of IP attorneys examines TTAB appeals. The panel will discuss practices and procedures for challenging a TTAB decision through a motion for reconsideration, a motion for relief from judgment, an appeal to the Federal Circuit, and bringing suit in federal district court. The panel will offer best practices for TTAB appeals.

Outline

  1. TTAB appeal determination
  2. Practices and procedures
  3. Going to federal court
    1. Federal Circuit
    2. District court
  4. Best practices for TTAB appeals

Benefits

The panel will review these and other key questions:

  • What are the key considerations for trademark counsel when determining whether and where to appeal an office action?
  • What are the limitations of the different appeal options?
  • What other strategies should counsel implement to increase the likelihood of success on appeal?