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May 2017 Archives

Trademark Oppositions and Cancellations: One Case Shows They Can Move Faster

In the USA, the Trademark Trial and Appeal Board decides contested cases for registration and cancellation of federally registered trademarks. For trial cases, the average time between filing and decision is 36 months[1]. This article is an illustration of one of the author's cases that reached a trial decision in 15 months from filing using the Board's Accelerated Case Resolution Procedure ("ACR") in an issue of priority of use of a mark. ACR is not adapted for all cases, but this article will suggest guidelines for which cases fit ACR treatment.

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