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Trademark Trial and Appeal Board

The Trademark Trial and Appeal Board (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, disparaging, or confusingly similar to existing marks. Such challenges to registration are initially considered by trademark examining attorneys, 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

Judges of the TTABEdit

Judges of the TTAB are appointed by the United States Secretary of Commerce in consultation with the Director of the USPTO. From 1999 to 2009, a change in the statute permitted a number of TTAB judges to be appointed by the USPTO Director, but this arrangement was challenged as unconstitutional under Article Two, Section 2, clause 2 of the Constitution (the Appointments Clause), which permits the United States Congress to "vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments".[1] Congress addressed this by passing a 2008 amendment which specifies that the Secretary of Commerce is responsible for such appointments, and permitting the Secretary to retroactively appoint those persons named by the USPTO Director. There are currently twenty-four judges sitting at the TTAB [as of January 2018].

Judge Appointed Prior professional experience Education
Gerard F. Rogers (Chief Judge) 1999 Trademark Examining Attorney, 1987-90; Assistant to the Assistant Commissioner for Trademarks, 1990-92; TTAB Staff Attorney, 1992-99 B.A., University of Massachusetts Amherst; J.D. magna cum laude, New England School of Law
Michael B. Adlin 2012 TTAB Interlocutory Attorney; USPTO Office of External Affairs; Private Practice B.A., Duke University, J.D., Boston University School of Law
Marc A. Bergsman 2006 Trademark Examining Attorney; Trademark Managing Attorney; TTAB Interlocutory Attorney; Private Practice (Washington, D.C.) B.A., Miami University, J.D. Cleveland Marshall College of Law, Cleveland State University
Peter W. Cataldo 2006 Trademark Examining Attorney; TTAB Interlocutory Attorney B.A., Canisius College; J.D., Albany Law School
Robert H. Coggins 2016 Trademark Examining Attorney; TTAB Interlocutory Attorney B.S., Davidson College; J.D., Wake Forest University School of Law
Cheryl S. Goodman 2014 Trademark Examining Attorney; TTAB Interlocutory Attorney B.A., University of Illinois, J.D., Florida State College of Law
Francie R. Gorowitz 2012 Trademark Examining Attorney; Private Practice (Los Angeles) B.A., State University of New York at Cortland, J.D., Albany Law School
Cindy B. Greenbaum 2012 Private Practice (New York and Washington, D.C.); Trademark Examining Attorney; TTAB Interlocutory Attorney; TTAB Managing Interlocutory Attorney (2006-2011) Wharton School, University of Pennsylvania; J.D., New York University School of Law
David K. Heasley 2015 Private Practice (Washington, DC) B.A., The Johns Hopkins University; J.D., University of Maryland School of Law
Susan J. Hightower 2012 Private Practice (Austin, Texas) B.A., Austin College; M.A., University of Texas; J.D. Stanford Law School
Linda A. Kuczma 2011 Private Practice(Chicago, Ill.) B.S., St. Mary's University; J.D., Loyola University Chicago School of Law
Karen Kuhlke 2005 Trademark Examining Attorney; TTAB Interlocutory Attorney; Private Practice B.A., University of Kansas; M.A., Columbia University; J.D., Georgetown University Law Center.
Christopher Larkin 2016 Private Practice (Los Angeles, CA; New York, NY) B.A., Stanford University; J.D., Columbia Law School.
Angela Lykos 2010 Trademark Examining Attorney; TTAB Interlocutory Attorney; Private Practice B.A., M.A., The Johns Hopkins University; J.D., Duke University Law School.
Cynthia C. Lynch 2015 Private Practice; Attorney-Advisor at the International Trade Commission; USPTO Assistant Solicitor: USPTO Administrator for Trademark Policy and Procedure B.A., University of North Carolina; J.D., University of Virginia School of Law.
Anthony R. Masiello 2012 Private Practice (Boston, New York, and Washington, D.C.) A.B. Harvard College; J.D., Harvard Law School.
David Mermelstein 2006 TTAB Interlocutory Attorney; TTAB Supervisory Attorney; Trademark Examining Attorney B.A. New College, Hofstra University; J.D., American University.
George C. Pologeorgis 2015 TTAB Interlocutory Attorney; TTAB Attorney in the Office of Trademark Quality Review and Training; Trademark Examining Attorney; Private Practice B.A. University of Pennsylvania; J.D., George Washington University National Law Center.
Lorelei Ritchie 2008 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 A.B., Stanford University; J.D., Columbia University.
Thomas Shaw 2011 Associate Solicitor at the USPTO, 2007-August 2011; Managing Attorney (1997-2007), Senior Attorney (1994-1997), and Examining Attorney (1989-1994) at the PTO B.A., The George Washington University; J.D., University of Miami School of Law.
Jyll Taylor 2006 TTAB Interlocutory Attorney; Trademark Examining Attorney B.A., University of North Carolina at Chapel Hill; J.D., Howard University School of Law.
Thomas W. Wellington 2007 TTAB Interlocutory Attorney; Trademark Examining Attorney; Private Practice B.A., University of Maryland at College Park; J.D., American University Washington College of Law.
Frances Wolfson 2010 Trademark Examining Attorney; TTAB Interlocutory Attorney; Private Practice B.A., U.C. Santa Barbara; J.D., U.C.L.A..
Albert Zervas 2005 Trademark Examining Attorney; TTAB Interlocutory Attorney; Private Practice (New York and Washington, D.C.) B.A. and J.D., University of Virginia.

See alsoEdit

ReferencesEdit

  1. ^ Translogic Technology, Inc. v. Dudas, U.S., No. 07-1303, 10/6/08.

External linksEdit