The Trademark Trial and Appeal Board (TTAB) not only handles inter partes proceedings, such as trademark oppositions and trademark cancellations, it also is responsible for handling an appeal of a final refusal to register a trademark. An appeal is typically based upon a substantive finding of a likelihood of confusion (Section 2(f)) or mere descriptiveness (Section 2(e)(1)) refusal by the examining attorney. A Notice of Appeal must be filed within six (6) months after the mailing date of the final refusal. The applicant must also pay the filing fee, which is currently $100 per international class.
Once an appeal is filed, the applicant must argue, based upon the record, why the USPTO examining attorney was wrong and why the applied for trademark or service mark should be registered. This is typically done in a brief, but an oral argument at a hearing may also be requested. Continue reading TTAB Ex Parte Appeal to Review Final Decision by an Examining Attorney Refusing to Register a Trademark »