Tuesday, March 15, 2016

Tam files Petition for Writ of Mandamus at CAFC, demanding USPTO action on THE SLANTS application

Simon Tam has filed a petition for writ of mandamus with the CAFC, seeking an order directing the USPTO to comply with the CAFC's mandate by publishing for opposition his  service mark application for the mark THE SLANTS. [Petition here].

In an Order issued today [here], the CAFC has required the USPTO to respond to Tam's petition by March 23rd.

Read comments and post your comment here.

TTABlog comment: Although the CAFC mandate has already issued in In re Tam, I believe the USPTO could ask that the mandate be recalled and stayed while it pursues a writ of certiorari at the Supreme Court.

Text Copyright John L. Welch 2016.


At 4:04 PM, Anonymous Anonymous said...

Assume the USPTO asks the CAFC to stay its order. Will the USPTO's position be prejudiced at all by the fact it has already informed Tam's counsel his application will be suspended, despite the fact the USPTO has not yet asked for, much less been granted, the stay? Will the CAFC view that as presumptuous, and will it color the analysis?

At 10:40 AM, Blogger Brad Salai said...

One would hope that the PTO action, which seems to me to be presumptuous as you suggest, wouldn't color their legal analysis.

I don't understand how the PTO can ignore a decision of a controlling court (CAFC) on the hope that the decision will be reversed, when they haven't even requested cert yet.

Absent the mandate actually being recalled, how do they justify not complying with the decision?

At 2:53 PM, Anonymous Anonymous said...

They can request cert.


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