What Are Ex Parte Appeals?

The Trademark Trial and Appeal Board (TTAB) is a specialized administrative body within the United States Patent and Trademark Office (USPTO) that handles disputes related to trademarks.

An ex parte appeal with the Trademark Trial and Appeal Board (TTAB) is a type of legal proceeding before the TTAB in which only one party is heard. It typically occurs when the TTAB has issued a final decision in a trademark opposition or trademark cancellation proceeding and one of the parties is dissatisfied with the decision and seeks review by the Board. An ex parte appeal could also occur when one party files a request for review of a decision made by an examining attorney in a trademark application or trademark registration proceeding. The other party is not given notice of the appeal or an opportunity to be heard.

Ex parte appeals before the TTAB are generally used in situations where there is an urgent need for relief and the delay that would result from waiting for notice and an opportunity for the other party to respond would cause irreparable harm. For example, an ex parte appeal might be filed to obtain a temporary suspension of the publication of a trademark application, pending a full appeal.

In an ex parte appeal, the appealing party must submit a written brief explaining why the TTAB’s decision should be reversed or modified, and the other party is not given an opportunity to respond or argue their case. The TTAB then reviews the written brief and makes a decision based on the information and arguments presented.

Ex parte appeals are limited to certain grounds, such as the TTAB’s interpretation of the law, the TTAB’s findings of fact, or the TTAB’s application of the law to the facts of the case. The TTAB will only consider new evidence in limited circumstances, such as when the evidence was not available to the party during the original proceedings.

It’s important to note that ex parte appeals before the TTAB are relatively rare and are subject to strict rules and limitations. The TTAB has the discretion to grant or deny an ex parte appeal, and if granted, the TTAB may place conditions or limitations on the relief granted. Additionally, if an ex parte appeal is granted, the other party may still have an opportunity to respond and present their own arguments at a later stage in the proceedings.

Looking for Trademark Assistance?

Do you need assistance with a trademark application, registration, opposition or cancellation?  Our trademark attorneys can assist.  Give us a call or complete our contact form.  We generally respond to all inquires quickly, but no later than 1 business day.

Share This Story, Choose Your Platform!