Trademark Applications: Appealing Rejections

Summary

This practice note discusses the various actions trademark applicants can take in the event that an application is rejected by a U.S. Patent and Trademark Office (USPTO) examining attorney (examiner), including ex parte appeals to the Trademark Trial and Appeal Board (TTAB or the Board) and appeals of adverse TTAB decisions to either the U.S. Court of Appeals for the Federal Circuit or a U.S. district court. The practice note also discusses alternatives to an ex parte appeal including filing a request for reconsideration and abandoning the application.