Trademark Trial and Appeal Board

From Wikipedia, the free encyclopedia

The Trademark Trial and Appeal Board (or "TTAB") is a body within the United States Patent and Trademark Office (USPTO) responsible for hearing and deciding certain kinds of cases involving trademarks. These include appeals from decisions by USPTO Examiners denying registration of marks, and opposition proceedings filed against trademark applications. TTAB panels hear hundreds of claims each year asserting that trademarks should not be registered because they are generic, disparging, or confusingly similar to existing marks. Such challenges to registration are initially considered by trademark examiners, whose judgment may be appealed to the TTAB. Decisions of the TTAB may, in turn, be appealed to a United States district court, or the United States Court of Appeals for the Federal Circuit.

The TTAB is also responsible for hearing certain kinds of inter partes proceedings, including oppositions to registration, cancellation proceedings against registered marks, and concurrent use proceedings where a party alleges its mark is entitled to joint registration, carving geographic territory out of that held by a registered mark.

Practices and procedures for litigating before the TTAB are published in the Trademark Trial and Appeal Board Manual of Procedure, commonly known as the "TBMP".

Contents 1 Judges of the TTAB 2 References 3 See also 4 External links

[edit] Judges of the TTAB

There are currently nineteen judges sitting on the TTAB [As of October 30, 2009].

• J. David Sams, Chief Judge: Appointed to TTAB in 1981; Appointed Chief Judge, 1986; Prior professional experience: Trademark Examining Attorney; Petitions and Special Projects Attorney, Office of the Assistant Commissioner for Trademarks; Education: B.A., Davidson College; J.D., Vanderbilt University. [Note: Chief Judge Sams will retire as of November 1, 2009].

• Marc A. Bergsman: Appointed to TTAB in 2006; Prior professional experience: Trademark Examining Attorney; Trademark Managing Attorney; TTAB Interlocutory Attorney; Dickinson Wright PLLC, Washington, D.C.; Education: B.A., Miami University, J.D. Cleveland Marshall College of Law, Cleveland State University.

• David E. Bucher: Appointed to TTAB in 1998; Prior professional experience: Trademark Examining Attorney, 1981-84; Senior Examining Attorney, 1984-85; Legislative Assistant, Office of U.S. Senator Paul Simon, 1985-86; Director, Trademark Examining Organization, 1987-96; Deputy Assistant Commissioner for Trademarks, 1996-98; Education: B.A., Eastern Mennonite University; J.D., George Washington University.

• Peter W. Cataldo: Appointed to TTAB in 2006; Prior professional experience: Trademark Examining Attorney; TTAB Interlocutory Attorney; Education: B.A., Canisius College; J.D., Albany Law School.

• Lorelei Ritchie de Larena: Appointed to TTAB in 2008; Prior professional experience: Private Practice; Arbitrator and judge pro tem, Orange and Los Angeles counties, California; Intellectual Property Manager, UCLA; Adjunct Professor of Law, Loyola Law School, Los Angeles; Assistant Professor, Florida State University School of Law; Education: A.B., Stanford University; J.D., Columbia University.

• Albin F. Drost: Appointed to TTAB in 2001; Prior professional experience: Attorney in Judge Advocate General's Corps, 1979-1982; Trademark Examining Attorney 1983-1986; Associate Solicitor, Deputy Solicitor, Acting Solicitor in PTO Office of the Solicitor, 1986-January 2001; Education: B.A., College of the Holy Cross; J.D., Dickinson School of Law of the Pennsylvania State University.

• Charles M. Grendel: Appointed to TTAB in 1999; Prior professional experience: Private Practitioner in Oregon, 1987-90; Trademark Examining Attorney, 1990-94; TTAB Attorney-Advisor, 1994-99; Education: B.A., Stanford University; J.D., University of Oregon School of Law.

• Paula T. Hairston: Appointed to TTAB in 1994; Prior professional experience: Interlocutory Attorney; Assistant to the Assistant Commissioner for Trademarks; Petitions and Special Projects Attorney; Education: B.A., University of North Carolina at Greensboro; J.D., Catholic University of America.

• Terry E. Holtzman: Appointed to TTAB in 1999; Prior professional experience: Trademark Examining Attorney, 1983-90; TTAB Interlocutory Attorney, 1990-99; Education: B.A. with honors, American University; J.D., George Mason University.

• Karen Kuhlke: Appointed to TTAB in 2005; Prior professional experience: Trademark Examining Attorney; TTAB Interlocutory Attorney; Steptoe & Johnson, Washington, D.C.; Education: B.A., University of Kansas; M.A., Columbia University; J.D., Georgetown University Law Center.

• David Mermelstein: Appointed to TTAB in 2006: Prior professional experience: TTAB Interlocutory Attorney; TTAB Supervisory Attorney; Trademark Examining Attorney; Education: B.A. New College, Hofstra University; J.D. American University, Washington College of Law.

• T. Jeffrey Quinn: Appointed to TTAB in 1988; Prior professional experience: Trademark Examining Attorney; TTAB Interlocutory Attorney; Education: B.A., Tulane University; J.D., Tulane University School of Law.

• Gerard F. Rogers: Appointed to TTAB in 1999; Prior professional experience: Trademark Examining Attorney, 1987-90; Assistant to the Assistant Commissioner for Trademarks, 1990-92; TTAB Staff Attorney, 1992-99; Education: B.A., University of Massachusetts Amherst; J.D., magna cum laude, New England School of Law.

• Ellen J. Seeherman: Appointed to TTAB in 1987; Prior professional experience: Associate, Fross, Zelnick, Lehrman & Zissu (New York, NY), 1975-81; Trademark Examining Attorney, 1982; Staff Assistant, Special Assistant to the Assistant Commissioner for Trademarks, 1982-1987; Education: A.B., Brandeis University; J.D., New York University School of Law.

• Jyll Taylor: Appointed to TTAB in 2006; Prior professional experience: TTAB Interlocutory Attorney; Trademark Examining Attorney; Education: B.A., University of North Carolina at Chapel Hill; J.D., Howard University School of Law.

• James Walsh: Appointed to TTAB in 2005; Prior professional experience: Trademark Examining Attorney; USPTO Administrator for Trademark Policy and Procedure; TMEP Editor; Arnold & Porter, Washington, D.C.; Education: B.A., College of the Holy Cross; J.D., Georgetown University.

• Carlisle Walters: Appointed to TTAB in 1996; Prior professional experience: Office of Legislative and International Affairs, Trademark Counsel; Administrator for Trademark Legal Policy for Assistant Commissioner for Trademarks; TMEP Editor; Of Counsel, Finnegan, Henderson, Farabow, Garret and Dunner; Education: B.A., Clark University; J.D., New England School of Law.

• Thomas W. Wellington: Appointed to TTAB in 2007; Prior professional experience: TTAB Interlocutory Attorney; Trademark Examining Attorney; private practice; Education: B.A., University of Maryland at College Park; J.D., American University Washington College of Law.

• Albert Zervas: Appointed to TTAB in 2005; Prior professional experience: Trademark Examining Attorney; TTAB Interlocutory Attorney; Kaye Scholer, New York; Marks & Murase, Washington, D.C.; Education: B.A. and J.D., University of Virginia.

[edit] References

[edit] See also

• Trademark Trial and Appeal Board Manual of Procedure

[edit] External links

• Website of the Trademark Trial and Appeal Board
• The TTABlog - Keeping Tabs on the TTAB (Blog by John L. Welch, a Harvard-educated intellectual property attorney and frequent lecturer on TTAB practices and procedures)