Filing an Ex Parte Appeal with the TTAB is an option for trademark applicants who have been refused by a USPTO Examining Attorney in a final office action. The TTAB (Trademark Trial and Appeal Board) is an administrative body within the USPTO that functions like a court. If an application is refused and appealed to the TTAB, a 3-judge panel will review the application and evidence on record and may issue a decision overruling the Examining Attorney’s refusal.
The decision to appeal should only be made if the refusal cannot be resolved informally with the Examining Attorney. In many cases office action refusals can be overcome by submitting evidence in favor of the applicant and/or submitting requests for reconsideration. If possible, this is generally the best strategy due to the time and expense associated with appeals proceedings.
During the appeals process the applicant will be permitted to submit a brief, a response brief to the Examining Attorney’s brief, and may request an oral argument as well. The TTAB will consider these arguments along with the evidence on record and make a decision as to the registerability of the proposed trademark.
If your trademark application has been refused contact us for a free consultation.