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Intellectual Property Litigation Trademarks

The Case for Use of Accelerated Case Resolution in TTAB Proceedings

This article outlines the available options under the Trademark Trial and Appeal Board's ACR rules and discusses the strategic considerations in determining whether ACR might be advantageous, particularly in light of increasing pressure from clients to reduce costs and expedite the decision-making process.

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At the time of early discovery conferences, parties involved in disputes before the Trademark Trial and Appeal Board are required to consider “any additional topics that could promote settlement or efficient adjudication of the Board proceeding,’ including the Board’s Accelerated Case Resolution (ACR) procedure.” T.B.M.P. §401.01. Based on the number of proceedings that actually take advantage of ACR, however, there are very few takers. Of the 6,156 oppositions and 2,101 cancellations initiated before the Board in 2017 to date, only seventeen took advantage of ACR. See, http://bit.ly/2mKCCeJ.

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