The US Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board (TTAB) will close the public comment period for the notice of proposed rulemaking tomorrow.
In a Federal Register notice published in April this year, the USPTO said it wants to bring greater clarity and efficiency to TTAB proceedings by introducing changes such as streamlining discovery and pre-trial procedures.
While attending the International Trademark Association’s annual conference last week, WIPR reported that Gerard Rogers, chief judge at the board, said that TTAB judges were not ‘high fiving’ each other following the US Supreme Court’s decision in B&B Hardware v Hargis Industries.
In the March 2015 decision, the court found that TTAB decisions may be preclusive in later infringement litigation, probably increasing the importance of TTAB proceedings.
Rogers added that the ruling had no impact on the TTAB’s decision to propose new rules governing proceedings.The USPTO published its outline of what will happen after public comments close tomorrow.
On June 24 the USPTO will summarise and categorise the comments on the TTAB’s notice of proposed rulemaking.
Full details can be viewed here.