Motion to Consolidate

Share on Facebook Share on Twitter Share on Linkedin Subscribe to RSS Share on Email

04.23.15

By Leslie Ruiter

In TTAB matters, there are often various trademark registrations maturing at different times. This, and the window of time in which no opposition/cancellation may be filed, inevitably results in disputes on related marks that are in different phases.  It is often a cost-saving move to consolidate actions on similar marks. The TTAB can consolidate on its own initiative, but most often a motion is filed under Fed. R. Civ. P. 42(a) and TBMP Sec. 511. The cases must involve common questions of law and fact; the parties need not be identical. It often takes a while to get a ruling, because the TTAB will typically consider such motions only after answers have been filed. Once consolidated, the cases may be presented on the same records and briefs, but each still requires entry of a separate judgment.   

View more tips and access the searchable database at ttabsurftheboard.com.

Share on Facebook Share on Twitter Share on Linkedin Subscribe to RSS Share on Email

Archive


Connect With Us >>

Seattle 
206.626.6000 

Yakima 
509.853.3000