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This document addresses the refusal of a trademark registration application by Prostats LLC, arguing that the mark 'TourProStats' is merely descriptive of its computer software for measuring golfer
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How to fill out trademark trial and appeal
How to fill out Trademark Trial and Appeal Board Decision
01
Start by identifying the case number and parties involved in the trademark dispute.
02
Provide details of the trademark that is the subject of the appeal, including registration number and description.
03
Outline the grounds for the appeal, specifying the reasons contesting the decision made by the Trademark Examining Attorney.
04
Include evidence supporting your claims, such as documents or testimonials relevant to the trademark.
05
Ensure all parties have been notified and the proper service has been made as required by the board.
06
Fill out the required forms accurately, including the Notice of Appeal and any accompanying documents.
07
Review the submission for completeness and clarity before submission to the Trademark Trial and Appeal Board.
Who needs Trademark Trial and Appeal Board Decision?
01
Business owners seeking to protect their trademarks.
02
Individuals or entities involved in disputes regarding trademark registrations.
03
Trademark applicants appealing against refusals of their trademark applications.
04
Companies looking to enforce their trademark rights and challenge infringing registrations.
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People Also Ask about
Where can I find TTAB decisions?
TTAB Reading Room. Welcome to the USPTO TTAB Reading Room. Through this site, you can search for decisions issued by the Trademark Trial and Appeal Board. The earliest decisions available here are from October 1996.
How to look up TTAB cases?
Using TTABVUE, you can view a TTAB proceeding file by entering the proceeding number, or search for proceedings by application number, registration number, expungement/reexamination number, mark, party, correspondent. Find proceedings with the following criteria: Enter applicable search terms below.
Can you appeal a TTAB decision?
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.
Can you appeal a TTAB decision?
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.
How long does a trademark appeal take?
You can only appeal when a final refusal has been issued by an examiner. So the procedural status has to be properly aligned at the examination phase before something can move to the appellate phase. And an appeal is generally going to take about six months, on average.
Who can practice before the TTAB?
Only attorneys licensed to practice in the United States are permitted to represent you at the TTAB. Employing an individual who is not authorized to practice before the USPTO to represent you in connection with your trademark application may jeopardize the validity of your registration.
How long does a trademark appeal take?
You can only appeal when a final refusal has been issued by an examiner. So the procedural status has to be properly aligned at the examination phase before something can move to the appellate phase. And an appeal is generally going to take about six months, on average.
What is the Trademark Trial and Appeal Board?
The Trademark Trial and Appeal Board (the TTAB or the Board) is a neutral body that functions like a court for trademark matters at the USPTO. The Board's administrative trademark judges are authorized to determine a party's right to register a trademark with the federal government.
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What is Trademark Trial and Appeal Board Decision?
The Trademark Trial and Appeal Board (TTAB) Decision refers to the rulings made by the TTAB regarding disputes involving trademarks, including oppositions to trademark registrations and cancellations of registered trademarks.
Who is required to file Trademark Trial and Appeal Board Decision?
Parties involved in trademark disputes, such as opposers or petitioners seeking to challenge a trademark registration or defend against such challenges, are required to file a case with the TTAB.
How to fill out Trademark Trial and Appeal Board Decision?
To fill out a TTAB Decision, parties must provide detailed information about the case, including the involved trademarks, a summary of the arguments presented, evidence submitted, and specific requests for relief or decisions sought.
What is the purpose of Trademark Trial and Appeal Board Decision?
The purpose of a TTAB Decision is to adjudicate disputes involving trademarks, ensure fair proceedings, and provide a formal resolution to issues concerning trademark rights and registrations.
What information must be reported on Trademark Trial and Appeal Board Decision?
A TTAB Decision must report the case number, parties involved, details of the trademarks at issue, findings of fact, legal reasoning, and the final decision or order issued by the Board.
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