Think Your TTAB Summary Judgment Motion Is a "Slam Dunk"?

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04.24.15

By Shannon Jost

Maybe not.  FY2013 statistics show that the TTAB’s grant rate for contested summary judgment motions (including grants and partial grants, for either party) hovers around 20%, and around 17% for motions involving likelihood of confusion claims.  On the other hand, you’re likely to get a decision sooner than in the past.  FY2014 data shows that the TTAB’s time to issuance of non-precedential decisions on contested motions is down to nine weeks in FY2014, more than a 32% reduction from FY2013.  If parties use the Accelerated Case Resolution procedures for bench trial or cross-motions for summary judgment, the time to final decision is generally within 50 days after briefing is completed.  See Trademark Public Advisory Committee Annual Report 2014.

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