USPTO Trademark Trial and Appeal Board Issues Final Amended Rules of Practice – August 1, 2007

There has been an important development at the U.S. Patent and Trademark Office, Trademark Trial and Appeal Board (“TTAB”). On August 1, 2007, the TTAB published its long-awaited "Miscellaneous Changes to Trademark Trial and Appeal Board Rules", which amend the Trademark Rules of Practice before the TTAB (PDF copy attached). This package of rules follows the February 2006 proposed rules, which generated much concern and debate amongst trademark practitioners in the U.S.

Oblon, Spivak was so concerned with the impact the February 2006 proposed rules would have on trademark owners that we created a blog, TTAB-Rules.com. The full discussion, including the comments by bar associations opposed to those proposed rules, can be found here: www.ttab-rules.com. This web site contains the original proposed rules, and much of the commentary and comments provided to the TTAB in opposition to the proposed rules.

The final rules published on August 1, 2007 remove many, but not all, of the objectionable portions of the proposed rules. The final rules will generally be effective on November 1, 2007, although a few provisions will be effective starting on August 31, 2007. Pending oppositions and cancellation proceedings are affected by these rules, as well as matters filed after those dates.

We are carefully studying the new rules, and will later provide our valued clients with our recommendations regarding the new rules.

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