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Archived updates for Tuesday, January 15, 2008

US-TTAB Accelerated Case Resolution Within Fifty Days

Parties seeking a final determination of their opposition or cancellation proceeding quickly and without the time and expense of a full trial may want to consider the Trademark Trial and Appeal Board’s "Accelerated Case Resolution" (ACR) procedure.

According to Leigh Ann Lindquist writing for the INTA Bulletin on January 15, 2008,

A typical ACR case will be one where the parties are able to stipulate to various facts, or where each party anticipates relying on the testimony of only one or two witnesses and the record is not extensive. If the interlocutory attorney agrees that the proceeding is appropriate for ACR, the parties will be permitted to engage in discovery and file briefs under a schedule set by the interlocutory attorney. Once the briefs are submitted, the TTAB will issue a decision on the merits within 50 days.

Tthe parties will be given a period of time to complete discovery, if necessary, and to file briefs. The parties must also stipulate that, in lieu of trial, the Board can resolve any issues of material fact. If the parties have already filed cross-motions for summary judgment, they may also stipulate that the Board may resolve any issues of material fact and consider the parties’ cross-motions as the parties’ final briefs in the case in lieu of a full trial.

For more background, see "An Introduction to the New Trademark Trial and Appeal Board Rules," by James R. Robinson and Kathleen E. McCarthy.
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April 06, 2009 11:56 PM  

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