Thursday, June 15, 2006

More TTABlog Recommended Reading: Minsker's Tips for TTAB Appeals

In a PLI "All-Star Briefing" paper available here (scroll down to part 2), Helen Hill Minsker of Banner & Witcoff offers useful advice and practical tips for PTO applicants contemplating an appeal from a final refusal.


Noting that ex parte appellant's lose about 75% of the time, she asks whether there may be an acceptable alternative to appeal, like amending to the Supplemental Register, or making a 2(f) claim, or re-applying to register the mark in a stylized or design form. Minsker offers useful advice on getting appropriate evidence into the record before appeal, on whether and when to file a request for reconsideration, and on how to prosecute the appeal.

This is definitely a "checklist" worth adding to your TTAB folder (alongside your printouts of all those TTABlog postings).


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