With High Court TM Ruling, Big Changes In Store At TTAB

Law360, New York (March 24, 2015, 9:47 PM EDT) -- After the U.S. Supreme Court's ruling Tuesday giving certain Trademark Trial and Appeal Board determinations preclusive effect, the role the board's proceedings occupy in the world of trademark law is suddenly different — more powerful, more uncertain and almost certainly more expensive.

Filing cases at the board has long been seen as a lower-stakes game of poker than federal litigation — a more informal venue that deals solely with whether a trademark is too similar to be registered, rather than the more heavy-duty issue of whether use in the real world amounts to infringement.

It's traditionally been far cheaper to bring...

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