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TTAB Proceeding

By John M. Cone
February 28, 2008

In a proceeding before the Trademark Trial and Appeal Board ('TTAB'), if your adversary is a foreign entity with no employees in the United States, can you compel an oral deposition of the entity in this country? 'No,' says the TTAB, through its Manual of Procedure ('TBMP'). 'Yes,' says the Fourth Circuit, relying on '24 of the Patent Act, 35 U.S.C. '24 in Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd., 511 F.3d 437 (4th Cir. 2007).

Virgin Enterprises ('VE'), a United Kingdom company, opposed a trademark application by Rosenruist-Gestao, a Port- uguese company ('RG'), for the mark VIRGIN GORDA for various clothing and travel accessories. RG had not used its mark in the United States, had no place of business in the United States, no employees or agents resident in the United States, and owned no U.S. property ' in fact, it
had none of the 'contacts' traditionally necessary for personal jurisdiction. RG had, however, filed a U.S. trademark application and had appointed a U.S. lawyer as its domestic representative, as encouraged by 15 U.S.C. '1051(e). The authorization empowered the attorney to prosecute the application and also to act as RG's designee 'upon whom notices or process in proceedings affecting this mark may be served.'

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