Intellectual Property

Trends Before the Trademark Trial and Appeal Board

The article seeks to provide an update on how the TTAB is presently considering the diverse issues of “functionality,” “bona fide intent,” and “Internet evidence,” to assist trademark practitioners in avoiding many of the unnecessary pitfalls of TTAB practice and position them to generate new thoughts about how to more creatively approach their particular TTAB cases, especially in light of the higher stakes resulting from final TTAB decisions under B&B Hardware.