USPTO Says Arthrex Doesn't Make TTAB Unconstitutional

Law360 (February 26, 2020, 10:42 PM EST) -- The U.S. Patent and Trademark Office told the Federal Circuit on Wednesday that the appeals court's recent Arthrex ruling doesn't support a trademark applicant's argument in his dispute with Coca-Cola that the structure of the Trademark Trial and Appeal Board is unconstitutional.

The Federal Circuit's October decision in Arthrex Inc. v. Smith & Nephew Inc. held that the Patent Trial and Appeal Board was in violation of the Constitution's appointments clause, which governs how executive officials are appointed and confirmed. But the USPTO's brief urged the appeals court to reject the argument by Alberto Soler-Samohano that the same constitutional flaw exists...

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