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The TTAB loses again November 6, 2009

Posted by Brian Schar in Federal Circuit, General, Trademark.

The Federal Circuit has put the TTAB on a short leash this year.  In this recently-decided case, Judge Moore slapped the TTAB for bureaucratic gamesmanship that “conflicts with the plain language of…regulation.”  The TTAB had drawn an artificial distinction between a trademark “application file”  and “documents and other things filed in connection with the application.”  That distinction was used to cancel a trademark, because the trademark holder had failed to resubmit evidence that was already in the trademark prosecution history.  The Federal Circuit saw right through that, stating flatly, “[t]hat was error.”

Perhaps if we’re lucky the Federal Circuit will turn the same kind of attention to the BPAI in 2010.