The United States Patent and Trademark Office (USPTO) recently launched a pilot program designed to expedite cancellation proceedings at the Trademark Trial and Appeal Board (TTAB). Under the new program, cancellation proceedings that are limited to abandonment or nonuse claims will now be eligible for faster resolution under the Board’s existing Accelerated Case Resolution (ACR) procedures.
To implement the program, the TTAB will begin by identifying instituted cancellation proceedings that are potentially eligible. In those cases, the TTAB will participate in the parties’ mandatory discovery conference. At the conference, both the Interlocutory Attorney and an Administrative Trademark Judge will join and, in addition to the usual subjects discussed in discovery conferences to inform the parties that their case is eligible for the use of the summary judgment ACR model, the rules for which are here: TBMP.
The program will continue until the USPTO has gathered sufficient information about its usefulness, with particular emphasis on:
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The frequency of the parties’ willingness to participate
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Concerns expressed about the program
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The types of ACR measures preferred
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The effectiveness of such measures in developing the record and issues
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The progress and timing of ACR pilot cases
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The rates of default judgment
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Withdrawals and settlements
Parties to current cancellation proceedings that were pending before the USPTO’s announcement can participate in this program by coordinating with the opposing party and scheduling a conference with their Interlocutory Attorney.
Fish will continue to monitor the implementation of this program and advise our clients of its outcomes.
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