Trademark Trial and Appeal Board (TTAB)

The Trademark Trial and Appeal Board (TTAB) is an administrative court within the United States Trademark Office which acts as a neutral party for certain trademark matters. The TTAB’s main function is to determine whether a party is authorized to register a trademark on the Federal Trademark Register. There are three types of proceedings that are pursued within the TTAB: Appeals, Oppositions and Cancellations.

Appeals are the most common proceedings handled by the TTAB. During the registration process, the Trademark Examining Attorney may decide to not grant federal registration to an applicant for various reasons. Once a Final Office Action is issued by the Trademark Examining Attorney who refuses to alter their position, the available vehicle to reverse that decision is by appealing to the TTAB.

SHERMAN IP attorneys have extensive experience practicing before the TTAB and are specially qualified to represent you before the Trademark Trial and Appeal Board. In addition to appeals which are Ex Parte Proceedings, the TTAB also has the power to settle controversies between parties, Inter Parte Proceedings, about whether a trademark should be registered on the United States Trademark Register.

Although the TTAB does not have the power to award any monetary compensation to parties, Oppositions to trademark registration and Petitions for Cancellation of existing trademark registrations are routinely fought between parties before the TTAB. An Opposition Proceedings occurs when one party chooses to oppose or “object to” another party’s trademark application and attempts to stop someone from obtaining federal trademark registration. Similarly, a Cancelation Proceeding occurs when a party attempts to cancel a registered trademark from the Federal Trademark Register.