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The US Patent and Trademark Workplace (USPTO) Trademark Trial and Enchantment Board (TTAB) launched a brand new process known as accelerated case decision (ACR). Its purpose is to supply a sooner, and hopefully cheaper, choice with regard to TTAB opposition or cancellation proceedings. ACR presents events the chance to agree upon discovery, submission of briefs, and adherence to a binding choice on the deserves inside fifty (50) days of the submitting of the briefs.
Whereas the TTAB’s ACR choice should be thought of throughout the preliminary convention amongst the events, every celebration ought to contemplate whether or not or not it’s worthwhile, doable, and helpful. Some evidentiary and different issue concerns embody:
Time – is time of the essence in any method?
Value – do you want to keep away from protracted, and presumably pricey, discovery and hearings?
Complexity of the case – is that this a trademark matter that may be determined shortly?
Variety of witnesses – will there be consultants?
Variety of paperwork – what’s the quantity?
The events ought to perceive that participation in ACR forecloses the opportunity of trial. A typical TTAB continuing with trial could also be higher in numerous cases. Since every factual state of affairs is exclusive to a sure extent, steering from a certified trademark legal professional will be essential.
Nonetheless, trademark attorneys ought to advise their shoppers in regards to the TTAB’s ACR choice. Nonetheless, no matter whether or not or not the interlocutory legal professional recommends it, the choice is in the end as much as the events concerned. Consideration of the above-mentioned elements and an total technique ought to assist resolve whether or not or not TTAB’s ACR choice is suitable within the specific matter. The assistance of a TTAB trademark legal professional is probably going worthwhile.
