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USPTO Announces Expedited Cancellation Pilot Program

January 28, 2019

USPTO Announces Expedited Cancellation Pilot Program

January 28, 2019

Back to Fish's Trademark and Copyright Blog

 

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:

  • The frequency of the parties’ willingness to participate
  • Concerns expressed about the program
  • The types of ACR measures preferred
  • The effectiveness of such measures in developing the record and issues
  • The progress and timing of ACR pilot cases
  • The rates of default judgment
  • 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. For more information about the program, contact your Fish attorney or visit fr.com.


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.

Blog Authors

Fish & Richardson attorney Kristen McCallion
Kristen McCallion | Principal

Kristen McCallion is a Principal in the New York office of Fish & Richardson and Chair of the firm’s Copyright Group. Ms. McCallion represents businesses in the consumer products, Internet, media, and interactive entertainment industries in copyright, trademark, trade...

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