Trademark Trial and Appeal Board
Encyclopedia
The Trademark Trial and Appeal Board (TTAB) is a body within the United States Patent and Trademark Office
(USPTO) responsible for hearing and deciding certain kinds of cases involving trademark
s. These include appeals from decisions by USPTO Examiners denying registration of marks, and opposition proceeding
s filed against trademark applications. TTAB panels hear hundreds of claims each year asserting that trademarks should not be registered because they are generic, disparging, or confusingly similar to existing marks. Such challenges to registration are initially considered by trademark examiner
s, whose judgment may be appealed to the TTAB. Decisions of the TTAB may, in turn, be appealed to a United States district court
, or the United States Court of Appeals for the Federal Circuit
.
The TTAB is also responsible for hearing certain kinds of inter partes proceedings, including oppositions to registration, cancellation proceedings against registered marks, and concurrent use proceedings where a party alleges its mark is entitled to joint registration, carving geographic territory out of that held by a registered mark.
Practices and procedures for litigating before the TTAB are published in the Trademark Trial and Appeal Board Manual of Procedure
, commonly known as the "TBMP".
in consultation with the Director of the USPTO. From 1999 to 2009, a change in the statute permitted a number of TTAB judges to be appointed by the USPTO Director, but this arrangement was challenged as unconstitutional under Article Two
, Section 2, clause 2 of the Constitution (the Appointments Clause
), which permits the United States Congress
to "vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments". Congress addressed this by passing a 2008 amendment which specifies that the Secretary of Commerce is responsible for such appointments, and permitting the Secretary to retroactively appoint those persons named by the USPTO Director. There are currently eighteen judges sitting at the TTAB [as of October 2011].
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.The USPTO is based in Alexandria, Virginia,...
(USPTO) responsible for hearing and deciding certain kinds of cases involving trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
s. These include appeals from decisions by USPTO Examiners denying registration of marks, and opposition proceeding
Opposition proceeding
An opposition proceeding is an administrative process available under the patent and trademark law of most jurisdictions which allows third parties to dispute the validity of a granted patent or trademark.-Patents:...
s filed against trademark applications. TTAB panels hear hundreds of claims each year asserting that trademarks should not be registered because they are generic, disparging, or confusingly similar to existing marks. Such challenges to registration are initially considered by trademark examiner
Trademark examiner
A trademark examiner is an attorney employed by a government entity such as the United States Patent and Trademark Office to determine whether an applicant should be permitted to receive a trademark registration, thus affording legal protection to the applicant's trademark...
s, whose judgment may be appealed to the TTAB. Decisions of the TTAB may, in turn, be appealed to a United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, or the United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
.
The TTAB is also responsible for hearing certain kinds of inter partes proceedings, including oppositions to registration, cancellation proceedings against registered marks, and concurrent use proceedings where a party alleges its mark is entitled to joint registration, carving geographic territory out of that held by a registered mark.
Practices and procedures for litigating before the TTAB are published in the Trademark Trial and Appeal Board Manual of Procedure
Trademark Trial and Appeal Board Manual of Procedure
The Trademark Trial and Appeal Board Manual of Procedure is a manual published by the United States Patent and Trademark Office for use by trademark attorneys litigating cases before the Trademark Trial and Appeal Board...
, commonly known as the "TBMP".
Judges of the TTAB
Judges of the TTAB are appointed by the United States Secretary of CommerceUnited States Secretary of Commerce
The United States Secretary of Commerce is the head of the United States Department of Commerce concerned with business and industry; the Department states its mission to be "to foster, promote, and develop the foreign and domestic commerce"...
in consultation with the Director of the USPTO. From 1999 to 2009, a change in the statute permitted a number of TTAB judges to be appointed by the USPTO Director, but this arrangement was challenged as unconstitutional under Article Two
Article Two of the United States Constitution
Article Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...
, Section 2, clause 2 of the Constitution (the Appointments Clause
Appointments Clause
Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the President of the United States to appoint certain public officials with the "advice and consent" of the U.S. Senate...
), which permits the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to "vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments". Congress addressed this by passing a 2008 amendment which specifies that the Secretary of Commerce is responsible for such appointments, and permitting the Secretary to retroactively appoint those persons named by the USPTO Director. There are currently eighteen judges sitting at the TTAB [as of October 2011].
- Gerard F. Rogers (Chief Judge): Appointed to TTAB in 1999; Prior professional experience: Trademark Examining Attorney, 1987-90; Assistant to the Assistant Commissioner for Trademarks, 1990-92; TTAB Staff Attorney, 1992-99; Education: B.A., University of Massachusetts AmherstUniversity of Massachusetts AmherstThe University of Massachusetts Amherst is a public research and land-grant university in Amherst, Massachusetts, United States and the flagship of the University of Massachusetts system...
; J.D., magna cum laude, New England School of LawNew England School of LawNew England School of Law is a private law school in Boston, Massachusetts. It was founded in 1908 as a law school for women.-History:...
.
- Marc A. Bergsman: Appointed to TTAB in 2006; Prior professional experience: Trademark Examining Attorney; Trademark Managing Attorney; TTAB Interlocutory Attorney; Private Practice; Education: B.A., Miami UniversityMiami UniversityMiami University is a coeducational public research university located in Oxford, Ohio, United States. Founded in 1809, it is the 10th oldest public university in the United States and the second oldest university in Ohio, founded four years after Ohio University. In its 2012 edition, U.S...
, J.D. Cleveland Marshall College of Law, Cleveland State University.
- David E. Bucher: Appointed to TTAB in 1998; Prior professional experience: Trademark Examining Attorney, 1981-84; Senior Examining Attorney, 1984-85; Legislative Assistant, Office of U.S. Senator Paul SimonPaul Simon (politician)Paul Martin Simon was an American politician from Illinois. He served in the United States House of Representatives from 1975 to 1985 and United States Senate from 1985 to 1997. He was a member of the Democratic Party...
, 1985-86; Director, Trademark Examining Organization, 1987-96; Deputy Assistant Commissioner for Trademarks, 1996-98; Education: B.A., Eastern Mennonite UniversityEastern Mennonite UniversityEastern Mennonite University is a private liberal arts university in the Shenandoah Valley of Virginia, affiliated with one of the historic peace churches, the Mennonite Church USA. Its main campus is on the edge of the small city of Harrisonburg, Virginia, about three miles from state-owned...
; J.D., George Washington UniversityGeorge Washington UniversityThe George Washington University is a private, coeducational comprehensive university located in Washington, D.C. in the United States...
.
- Peter W. Cataldo: Appointed to TTAB in 2006; Prior professional experience: Trademark Examining Attorney; TTAB Interlocutory Attorney; Education: B.A., Canisius CollegeCanisius CollegeCanisius College is a private Roman Catholic college in Buffalo, New York, United States. The college was founded in 1870 by members of the Society of Jesus from Germany and is named after St. Peter Canisius. The college is one of 28 institutions in the Association of Jesuit Colleges and...
; J.D., Albany Law SchoolAlbany Law SchoolAlbany Law School is an ABA accredited law school based in Albany, New York. It was founded in 1851 by Amos Dean , Amasa Parker, Ira Harris and others....
.
- Charles M. Grendel: Appointed to TTAB in 1999; Prior professional experience: Private Practice; Trademark Examining Attorney, 1990-94; TTAB Interlocutory Attorney, 1994-99; Education: B.A., Stanford UniversityStanford UniversityThe Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
; J.D., University of Oregon School of LawUniversity of Oregon School of LawThe University of Oregon School of Law is a public law school in the U.S. state of Oregon. Housed in the Knight Law Center, it is Oregon's only state funded law school. The school, founded in 1884, is located on the University of Oregon campus in Eugene, on the corner of 15th and Agate streets,...
.
- Terry E. Holtzman: Appointed to TTAB in 1999; Prior professional experience: Trademark Examining Attorney, 1983-90; TTAB Interlocutory Attorney, 1990-99; Education: B.A. with honors, American UniversityAmerican UniversityAmerican University is a private, Methodist, liberal arts, and research university in Washington, D.C. The university was chartered by an Act of Congress on December 5, 1892 as "The American University", which was approved by President Benjamin Harrison on February 24, 1893...
; J.D., George Mason UniversityGeorge Mason UniversityGeorge Mason University is a public university based in unincorporated Fairfax County, Virginia, United States, south of and adjacent to the city of Fairfax. Additional campuses are located nearby in Arlington County, Prince William County, and Loudoun County...
.
- Linda A. Kuczma: Appointed to TTAB in 2011; Prior professional experience: Banner & Witcoff (Chicago, Ill.); Education: B.S., St. Mary's University; J.D., Loyola University Chicago School of LawLoyola University Chicago School of LawLoyola University Chicago School of Law is the law school of the Loyola University Chicago, in Illinois. Established in 1909, by the Society of Jesus, the Roman Catholic order of the Jesuits, the School of Law is located in downtown Chicago, within walking distance of the Water Tower , the John...
.
- Karen Kuhlke: Appointed to TTAB in 2005; Prior professional experience: Trademark Examining Attorney; TTAB Interlocutory Attorney; Private Practice; Education: B.A., University of KansasUniversity of KansasThe University of Kansas is a public research university and the largest university in the state of Kansas. KU campuses are located in Lawrence, Wichita, Overland Park, and Kansas City, Kansas with the main campus being located in Lawrence on Mount Oread, the highest point in Lawrence. The...
; M.A., Columbia UniversityColumbia UniversityColumbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
; J.D., Georgetown University Law CenterGeorgetown University Law CenterGeorgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
.
- Angela Lykos: Appointed to TTAB in 2010; Prior professional experience: Trademark Examining Attorney; TTAB Interlocutory Attorney; Private Practice; Education: B.A., M.A., Johns Hopkins UniversityJohns Hopkins UniversityThe Johns Hopkins University, commonly referred to as Johns Hopkins, JHU, or simply Hopkins, is a private research university based in Baltimore, Maryland, United States...
; J.D., Duke University Law School.
- David Mermelstein: Appointed to TTAB in 2006: Prior professional experience: TTAB Interlocutory Attorney; TTAB Supervisory Attorney; Trademark Examining Attorney; Education: B.A. New College, Hofstra UniversityHofstra UniversityHofstra University is a private, nonsectarian institution of higher learning located in the Village of Hempstead, New York, United States, about east of New York City: less than an hour away by train or car...
; J.D. American University, Washington College of LawWashington College of LawAmerican University Washington College of Law is the law school of American University. It is located on Massachusetts Avenue in the Spring Valley neighborhood of northwest Washington. WCL is ranked 50th among law schools by US News and World Report...
.
- T. Jeffrey Quinn: Appointed to TTAB in 1988; Prior professional experience: Trademark Examining Attorney; TTAB Interlocutory Attorney; Education: B.A., Tulane UniversityTulane UniversityTulane University is a private, nonsectarian research university located in New Orleans, Louisiana, United States...
; J.D., Tulane University School of Law.
- Lorelei Ritchie: Appointed to TTAB in 2008; Prior professional experience: Private Practice; Arbitrator and judge pro tem, Orange and Los Angeles counties, California; Intellectual Property Manager, UCLA; Adjunct Professor of Law, Loyola Law SchoolLoyola Law SchoolLoyola Law School is the law school of Loyola Marymount University, a private Catholic university in the Jesuit and Marymount traditions, in Los Angeles, California. Loyola was established in 1920. Like Loyola University Chicago School of Law and Loyola University New Orleans College of Law , it...
, Los Angeles; Assistant Professor, Florida State University School of Law; Education: A.B., Stanford UniversityStanford UniversityThe Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
; J.D., Columbia UniversityColumbia UniversityColumbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
.
- Ellen J. Seeherman: Appointed to TTAB in 1987; Prior professional experience: Private Practice; Trademark Examining Attorney, 1982; Staff Assistant, Special Assistant to the Assistant Commissioner for Trademarks, 1982-1987; Education: A.B., Brandeis UniversityBrandeis UniversityBrandeis University is an American private research university with a liberal arts focus. It is located in the southwestern corner of Waltham, Massachusetts, nine miles west of Boston. The University has an enrollment of approximately 3,200 undergraduate and 2,100 graduate students. In 2011, it...
; J.D., New York University School of LawNew York University School of LawThe New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
.
- Thomas Shaw: Appointed to TTAB in August 2011; Prior professional experience: Associate Solicitor at the USPTO, 2007-August 2011; Managing Attorney (1997-2007), Senior Attorney (1994-1997), and Examining Attorney (1989-1994) at the PTO; Education: B.A., The George Washington University; J.D., University of Miami School of LawUniversity of Miami School of LawThe University of Miami School of Law, founded in 1926, is the law school of the University of Miami, located in Coral Gables, Florida, in the United States. The school graduated its first class of 13 students in 1929.- Academics :...
.
- Jyll Taylor: Appointed to TTAB in 2006; Prior professional experience: TTAB Interlocutory Attorney; Trademark Examining Attorney; Education: B.A., University of North Carolina at Chapel HillUniversity of North Carolina at Chapel HillThe University of North Carolina at Chapel Hill is a public research university located in Chapel Hill, North Carolina, United States...
; J.D., Howard UniversityHoward UniversityHoward University is a federally chartered, non-profit, private, coeducational, nonsectarian, historically black university located in Washington, D.C., United States...
School of Law.
- Thomas W. Wellington: Appointed to TTAB in 2007; Prior professional experience: TTAB Interlocutory Attorney; Trademark Examining Attorney; Private Practice; Education: B.A., University of Maryland at College Park; J.D., American University Washington College of Law.
- Frances Wolfson: Appointed to TTAB in 2010; Prior professional experience: Trademark Examining Attorney; TTAB Interlocutory Attorney; Private Practice; Education: B.A., University of California - Santa Barbara; J.D., U.C.L.A..
- Albert Zervas: Appointed to TTAB in 2005; Prior professional experience: Trademark Examining Attorney; TTAB Interlocutory Attorney; Private Practice; Education: B.A. and J.D., University of VirginiaUniversity of VirginiaThe University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
.
External links
- Website of the Trademark Trial and Appeal Board
- The TTABlog - Keeping Tabs on the TTAB (Blog by John L. Welch, a Harvard-educated intellectual property attorney and frequent lecturer on TTAB practices and procedures)