USPTO Due Fees On Certain Challenges, 4th Circ. Says
Law360, New York (April 23, 2015, 7:30 PM EDT) -- The Fourth Circuit said Thursday that any dissatisfied challengers to Trademark Trial and Appeal Board decisions who pursue district court reviews must cover all fees incurred by the U.S. Patent and Trademark Office in the proceeding regardless of which side ultimately prevails.
In a published opinion that came over one dissent, a three-judge panel upheld U.S. District Judge T. S. Ellis III's January 2014 ruling that attorneys' fees are included in a Lanham Act statutory requirement that plaintiffs who seek review of TTAB rulings in a district court pay the USPTO "all expenses of the proceeding," whether they win, lose or...
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