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.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.