TTAB's Accelerated Case Resolution - Is it Right For You?

The United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) introduced a new procedure called accelerated case resolution (ACR).  Its goal is to offer a faster, and hopefully less expensive, decision with regard to TTAB opposition or cancellation proceedings.  ACR offers parties the opportunity to agree upon discovery, submission of briefs, and adherence to a binding decision on the merits within fifty (50) days of the filing of the briefs.  

While the TTAB's ACR option must be considered during the initial conference amongst the parties, each party should consider whether or not it is worthwhile, possible, and beneficial.  Some evidentiary and other factor considerations include:

Time - is time of the essence in any way?

Cost - do you wish to avoid protracted, and possibly costly, discovery and hearings?

Complexity of the case - is this a trademark matter that can be decided quickly?

Number of witnesses - will there be experts?

Number of documents - what is the volume?

The parties should understand that participation in ACR forecloses the possibility of trial.  A typical TTAB proceeding with trial may be better in different instances.  Since each factual situation is unique to a certain extent, guidance from a qualified trademark attorney can be important.

Nonetheless, trademark attorneys should advise their clients about the TTAB's ACR option.  However, regardless of whether or not the interlocutory attorney recommends it, the decision is ultimately up to the parties involved.  Consideration of the above-mentioned factors and an overall strategy should help decide whether or not TTAB's ACR option is appropriate in the particular matter.  The help of a TTAB trademark attorney is likely worthwhile.