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".

Judges of the TTAB

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-six judges sitting at the TTAB [as of January 2017].

Judge Appointed Prior professional experience Education
Rogers, Gerard F.Gerard F. Rogers (Chief Judge)1999Trademark Examining Attorney, 1987-90; Assistant to the Assistant Commissioner for Trademarks, 1990-92; TTAB Staff Attorney, 1992-99B.A., University of Massachusetts Amherst; J.D. magna cum laude, New England School of Law
Richey, Susan M.Susan M. Richey (Deputy Chief Judge)2014Professor and Associate Dean, Univ. of New Hampshire School of Law, 1996-2014; Private practice (Los Angeles, California, 1983-1996)B.A., University of Baltimore; B.S. College of William and Mary; J.D., University of Maryland
Adlin, Michael B.Michael B. Adlin2012TTAB Interlocutory Attorney; USPTO Office of External Affairs; Private PracticeB.A., Duke University, J.D., Boston University School of Law
Bergsman, Marc A.Marc A. Bergsman2006Trademark 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
Cataldo, Peter W.Peter W. Cataldo2006Trademark Examining Attorney; TTAB Interlocutory AttorneyB.A., Canisius College; J.D., Albany Law School
Coggins, Robert H.Robert H. Coggins2016Trademark Examining Attorney; TTAB Interlocutory AttorneyB.S., Davidson College; J.D., Wake Forest University School of Law
Goodman, Cheryl S.Cheryl S. Goodman2014Trademark Examining Attorney; TTAB Interlocutory AttorneyB.A., University of Illinois, J.D., Florida State College of Law
Gorowitz, Francie R.Francie R. Gorowitz2012Trademark Examining Attorney; Private Practice (Los Angeles)B.A., State University of New York at Cortland, J.D., Albany Law School
Greenbaum, Cindy B.Cindy B. Greenbaum2012Private 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
Heasley, David K.David K. Heasley2015Private Practice (Washington, DC)B.A., The Johns Hopkins University; J.D., University of Maryland School of Law
Hightower, Susan J.Susan J. Hightower2012Private Practice (Austin, Texas)B.A., Austin College; M.A., University of Texas; J.D. Stanford Law School
Kuczma, Linda A.Linda A. Kuczma2011Private Practice(Chicago, Ill.)B.S., St. Mary's University; J.D., Loyola University Chicago School of Law
Kuhlke, KarenKaren Kuhlke2005Trademark Examining Attorney; TTAB Interlocutory Attorney; Private PracticeB.A., University of Kansas; M.A., Columbia University; J.D., Georgetown University Law Center.
Larkin, ChristopherChristopher Larkin2016Private Practice (Los Angeles, CA; New York, NY)B.A., Stanford University; J.D., Columbia Law School.
Lykos, AngelaAngela Lykos2010Trademark Examining Attorney; TTAB Interlocutory Attorney; Private PracticeB.A., M.A., The Johns Hopkins University; J.D., Duke University Law School.
Lynch, Cynthia C.Cynthia C. Lynch2015Private Practice; Attorney-Advisor at the International Trade Commission; USPTO Assistant Solicitor: USPTO Administrator for Trademark Policy and ProcedureB.A., University of North Carolina; J.D., University of Virginia School of Law.
Masiello, Anthony R.Anthony R. Masiello2012Private Practice (Boston, New York, and Washington, D.C.)A.B. Harvard College; J.D., Harvard Law School.
Mermelstein, DavidDavid Mermelstein2006TTAB Interlocutory Attorney; TTAB Supervisory Attorney; Trademark Examining AttorneyB.A. New College, Hofstra University; J.D., American University.
Pologeorgis, George C.George C. Pologeorgis2015TTAB Interlocutory Attorney; TTAB Attorney in the Office of Trademark Quality Review and Training; Trademark Examining Attorney; Private PracticeB.A. University of Pennsylvania; J.D., George Washington University National Law Center.
Quinn, T. JeffreyT. Jeffrey Quinn1988Trademark Examining Attorney; TTAB Interlocutory AttorneyB.A., Tulane University; J.D., Tulane University School of Law.
Ritchie, LoreleiLorelei Ritchie2008Private 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 LawA.B., Stanford University; J.D., Columbia University.
Shaw, ThomasThomas Shaw2011Associate Solicitor at the USPTO, 2007-August 2011; Managing Attorney (1997-2007), Senior Attorney (1994-1997), and Examining Attorney (1989-1994) at the PTOB.A., The George Washington University; J.D., University of Miami School of Law.
Taylor, JyllJyll Taylor2006TTAB Interlocutory Attorney; Trademark Examining AttorneyB.A., University of North Carolina at Chapel Hill; J.D., Howard University School of Law.
Wellington, Thomas W.Thomas W. Wellington2007TTAB Interlocutory Attorney; Trademark Examining Attorney; Private PracticeB.A., University of Maryland at College Park; J.D., American University Washington College of Law.
Wolfson, FrancesFrances Wolfson2010Trademark Examining Attorney; TTAB Interlocutory Attorney; Private PracticeB.A., U.C. Santa Barbara; J.D., U.C.L.A..
Zervas, AlbertAlbert Zervas2005Trademark Examining Attorney; TTAB Interlocutory Attorney; Private Practice (New York and Washington, D.C.)B.A. and J.D., University of Virginia.

See also

References

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


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