What is a TTAB Proceeding?

TTAB is an acronym for Trademark Trial and Appeal Board.  The TTAB is a neutral body that functions like a federal court for trademark matters at the United States Patent and Trademark Office (USPTO). The TTAB administrative trademark judges are authorized to determine a party’s right to register a trademark with the USPTO. The TTAB is not authorized to determine whether you have the right to use a trademark, and does not issue injunctions against other parties to prevent continued use. The TTAB only determines whether an applicant or registrant has the right to register a trademark or to retain a registration under challenge by a third party. Additionally, the TTAB is not authorized to determine questions of trademark infringement or unfair competition or to award money damages or attorney’s fees. For anything other than determining the right of federal trademark registration, you must file a case in federal or state court. There are two primary types of proceedings before the TTAB, an ex parte appeal from denial of your application for registration by an examining attorney, and an inter partes opposition, cancellation, concurrent use or interference proceeding.