The final steps in a Trademark Trial and Appeal Board (TTAB) case involve the trial period, submission of evidence, and the potential for oral arguments. Here’s a breakdown of these crucial stages:
Trial Period and Evidence Submission
- Initiation of Trial Period: After the closure of discovery and the gathering of evidence by both parties, the trial period commences.
- Submission of Evidence: During the trial period, both parties present evidence to the TTAB to support their respective cases. This may involve submitting documents, exhibits, and taking depositions as trial testimony.
- Submission of Briefs: Following the conclusion of each party’s trial period, both sides submit briefs outlining the merits of their cases. These briefs serve as comprehensive legal arguments supporting their positions.
- Dismissal with Prejudice: In cases where one party fails to submit evidence, as outlined in Weiner v. E&J Starz, Inc., there’s a risk of dismissal with prejudice. This emphasizes the importance of thorough case preparation and evidence presentation.
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Oral Arguments in TTAB Cases
- Optional Oral Arguments: The TTAB allows for oral arguments, but they are optional. A party interested in presenting oral arguments must make a request within 10 days after the final due date of the reply brief.
- Hearing Before a Panel: If oral arguments are requested, a hearing is scheduled before a panel of at least three TTAB judges.
- Time Allocation: Each party is granted 30 minutes for oral arguments. However, this time includes questions and arguments from the judges. The nature of these interruptions, known as appellate-style questioning, requires lawyers to be adept at responding on the spot.
- Preparation for Interruptions: Given the possibility of interruptions from judges at any point during the 30-minute allocation, lawyers must prepare not only for the oral argument itself but also for potential interruptions and be able to recover and address the judges’ points effectively.
- Appellate-Style Presentation: The oral argument in TTAB cases is considered appellate-style, resembling arguments in appeals cases rather than traditional trial cases. This underscores the importance of the content presented in the briefs, as the oral argument builds upon these written submissions.
Navigating the final stages of a TTAB case requires meticulous preparation, a thorough understanding of the rules and procedures, and the ability to present a compelling case both in writing and orally before the TTAB judges.
Do you have a trademark opposition or cancelldation in the Trademark Trial and Appeal Board (TTAB)? You can send us an e-mail at anthony@vernalaw.com or call us at 914-908-6757.