Legal Question in Intellectual Property in California

Can I ask TTAB not to suspend a cancellation proceeding due to a federal court suit pending with similar claims? There is a motion before TTAB which will dispose of one of the claims that is pleaded in the federal suit and will make a world of difference if this claim is disposed of.


Asked on 4/13/13, 6:28 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

You can certainly make the request. Given that I do not know the procedural posture of either the TTAB action or the federal court lawsuit, I cannot tell you how the request should be made, or even if the request should be made.

If you are handing both a TTAB proceeding and a federal lawsuit without a lawyer, it is a pretty safe bet that you are going to lose both. The only exception to this is if (a) the other side also does not have a lawyer; or (b) an objective third party trained in the law would say that the other side does not have a case. If the trademark at issue is so valuable that it's worth a lawsuit in two different forums, then it's worth hiring a lawyer to defend/pursue.

Read more
Answered on 4/13/13, 8:03 am


Related Questions & Answers

More Intellectual Property questions and answers in California