TTAB Proceedings and Declaratory Judgment Jurisdiction

Cease and desist letters were a substantial topic of discussion at Pattishall's Intellectual Property CLE Forum in April. As was discussed, an intellectual property owner who encounters an infringer has a range of strategies to halt the infringing activity, from sending a cease and desist letter to filing a federal lawsuit. A cease and desist letter can be a fast, cost-effective approach if the infringer acquiesces. A topic of equal relevance is when the infringing activity involves a trademark application or registration in the United States Patent and Trademark Office ("USPTO"). In this circumstance, the owner has an additional option: it can oppose the application or petition to cancel the trademark registration before the Trademark Trial and Appeal Board ("TTAB").