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The Electronic System for Trademark Trials and Appeals (ESTTA) is the electronic filing system for legal proceedings at the United States Trademark Trial and Appeal Board. ESTTA provides forms for routine filings like consent motions and requests for an extension of time to oppose a mark. Parties can also upload digital copies of various types ...
The Trademark Trial and Appeal Board Manual of Procedure (TBMP) is a manual published by the United States Patent and Trademark Office (USPTO) for use by litigants before the Trademark Trial and Appeal Board. It provides basic information generally useful for litigating these cases, including current practice and procedure as of the date the ...
The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine the right to register a trademark. It has no authority to determine the right to use one, nor broader questions of infringement, unfair competition, damages or injunctive relief.
It includes explanations of the trademark application and examination process, the various types of trademarks, the Madrid Protocol, and proceedings before the Trademark Trial and Appeal Board. The current edition of the Trademark Manual of Examining Procedure is the October 2018 edition.
If no appeal is filed, the registration is finally issued. If the registration receives a final rejection from the Trademark Examiner, the applicant may appeal the rejection to the Trademark Trial and Appeal Board. Likewise, if the application is opposed by a third party, the appeal will be reviewed by the Trademark Trial and Appeal Board.
However, limited fair use of these trademarks (not including logos) is acceptable provided that the marks are used for the purpose of identifying or describing the company's products and comply with the following trademark usage practice: