Wednesday, 23 January 2019 18:47

TTAB Initiates Expedited Cancellation Pilot Program

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According to random audits by the United States Patent and Trademark Office (USPTO), over half of active trademark and service mark registrations include some goods or services that are not actually being used in commerce. Registrations with goods or services not in use may block mark owners from registering their own marks that are in use. As part of a response to this concern, the Trademark Trial and Appeal Board (TTAB) is piloting a program for cancellation proceedings limited to abandonment and/or nonuse claims with no counterclaims.

The program implements a procedure for addressing registrations or classes not use, which can save petitioners time and money. Click here for more information on this pilot program from the TTAB. A recent precedential case that was part of the pilot program also provides further insight, TV Azteca, S.A.B. de C.V. v. Jeffrey E. Martin, 128 U.S.P.Q.2d 1786 (TTAB 2018).

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Jessica Neer McDonald

Jessica earned her bachelor’s degree from the University of Florida, magna cum laude, and graduated from the University of Miami School of Law, magna cum laude.  While in law school, she was a Miami Scholar active in various leadership roles, including Managing Editor of the Inter-American Law Review, Board Member of the Charles C. Papy Moot Court Board, Board Member of the Public Interest Leadership Board, Secretary of the Society of Bar and Gavel, and Student Board Member of the Student Affairs Committee of the University of Miami Board of Trustees.  Jessica has served the Florida legal community through legislative employment in the Florida Senate and House of Representatives, as well as through internships with Judge Adalberto Jordan, Magistrate Judge Edwin Torres, and the United States Attorney’s Office for the Southern District of Florida.