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Volume19
Year2010
TitleWhere to Go with a TTAB Final Decision: Two Options
Author(s)Kelly Lee
First Page157
AbstractThe next step for the party dissatisfied with a final decision of the Trademark Trial and Appeal Board (TTAB)-into the federal Article III court system- imbeds some options. The party is entitled to choose between an appeal to the Court of Appeals for the Federal Circuit (CAFC) and a civil action in federal district court.
But Look before you Leap: the party should become familiar with the intricacies of each option and should consider their comparative advantages and disadvantages before making the choice between these mutually exclusive next steps.