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Section 145 of the U.S. Patent Act (35 U.S.C. §145) and §21(b) of the Lanham Act covering trademarks (15 U.S.C. §1071(b)) provide for two types of challenges from the decisions of the U.S. Patent and Trademark (USPTO) internal appeals boards — the Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB). Applicants in cases where there are no adverse third parties can bring a new civil case in the U.S. District Court for the Eastern District of Virginia or the USPTO decision refusing to register a patent or trademark can be directly appealed to the U.S. Court of Appeals for the Federal Circuit. Further appeals from the district court’s decisions are to the U.S. Court of Appeals for the Fourth Circuit in trademark cases or to the Federal Circuit in patent cases. Parties in the district court action are allowed to submit new evidence not considered by the TTAB, but parties in direct appeals to the Federal Circuit are not.
By Stacey C. Kalamaras
This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.
By Nicole D. Galli
Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.
By Aaron Davidson
A look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.
By Howard Shire and Christine Weller
Penn State Files Trademark Lawsuit against Sports Beer Brewing Company
Can OSU Trademark the Word “The”?