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The TTAB's Accelerated Case Resolution program can offer parties a quicker determination of claims and defenses than in a typical Board proceeding.
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If an applicant appeals a Board decision in a civil action without an adverse party, "all the expenses of the proceeding shall be paid by the party bringing the case, whether the final decision is in favor of such party or not."
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10.03.16

Failure of Proof

If the party in the position of plaintiff (which includes a counterclaim plaintiff) fails to submit any proof during its initial testimony period, the opponent can move, prior to commencement of its own testimony period, for a dismissal on the ground of failure to prosecute pursuant to Trademark Rule 2.132(a), 37 C.F.R. Sec. 2.132(a).
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A state's decision about what is legal or illegal is not relevant to the Board, as demonstrated in the recent TTAB decision, In re Morgan Brown (Herbal Access), Serial No. 8636298 (July 14, 2016).
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09.19.16

Burden of Proof

Like a trial in the federal courts, opposers/petitioners in the TTAB normally have the burden of proof for their claims, and applicants/registrants have the burden of proof for their counterclaims and affirmative defenses.
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