Another TTAB Footnote on Legal Citations Says USPQ Still Acceptable

We reported here on an internal Board citation program concerning the possible broadening of acceptable forms of legal citations. On the same day, the Board made a different statement regarding the program in In re MYBAGSTORES.COM, Serial No. 90726300 (February 9, 2024), in a footnote quoted first below.

As part of an internal Board pilot citation program on possibly broadening acceptable forms of legal citation in Board cases, this decision varies from the citation form recommended in the TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE (TBMP) § 101.03 (June 2023). This decision cites decisions of the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Customs and Patent Appeals by the page(s) on which they appear in the Federal Reporter (e.g., F.2d, F.3d, or F.4th) and/or the United States Patents Quarterly (USPQ).For decisions of the Board and the Director, this decision employs parallel citations to both the USPQ and to the WESTLAW database (WL). Until further notice, however, practitioners should continue to adhere to the practice set forth in TBMP § 101.03. (Emphasis added).

The Board took a more restrictive approach (see below) in In re Pro Eagle LLC, Serial No. 97738815 (February 9, 2024). I have highlighted what I perceive to be the differences.

As part of an internal Board pilot program exploring the possibility of broadening or altering acceptable forms of legal citations in Board cases, the citations in this opinion vary from the citation forms recommended in Trademark Trial and Appeal Board Manual of Procedure (TBMP) § 101.03 (June 2023). This decision cites precedential decisions of the Court of Appeals for the Federal Circuit and the Court of Customs and Patent Appeals only by the page(s) on which they appear in the Federal Reporter (e.g., F.2d, F.3d, or F.4th). Precedential decisions of the Board and the Director will be cited only to WESTLAW (WL) and initial citations to Board decisions will include a parenthetical indicating the decision’s precedential status. There will be no citations to the United States Patents Quarterly (USPQ). Practitioners, however, should continue to adhere to the practice set forth in TBMP § 101.03 until further notice from the Board. (Emphasis added).

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TTABlogger comment: What about citations to TTAB and CAFC slip opinions?

Text Copyright John L. Welch 2024.