Martin Schwimmer Co-Writes Article With John Welch On Appeals From TTAB Decisions For WTR

A party appealing an adverse decision from the Trademark Trial and Appeal Board has two options: appeal to the US Court of Appeals for the Federal Circuit (CAFC) or commence a civil action in US district court. In this guest piece for World Trademark Review, Marty Schwimmer and Wolf, Greenfield & Sacks, PC’s John L. Welch unpack the recent Fourth Circuit decision in the PRETZEL CRISPS genericness case to examine the practical factors at play when making that decision. The article helpfully includes a handy dandy flowchart created by Marty to illustrate how Section 1071 of the Trademark Act works.