Recommended Reading: A Legal Strategist's Guide to Trademark Trial and Appeal Board Practice, Fifth Edition

The American Bar Association has just published the Fifth Edition of "A Legal Strategist's Guide to Trademark Trial and Appeal Board Practice," edited by the indefatigable Ted Davis. To quote myself from the back cover: "A must-have resource for both TTAB tyro and veteran, this book combines legal expertise with practical insights. Well-organized and plentifully annotated, it will make us all much better TTAB practitioners." The book may be purchased here for a very modest sum.

The Introduction by Ted Davis reminds us that this project was the brainchild of the late Judge Jonathan Hudis, a force of nature in the trademark field, admired and befriended by many.

In this helpful guide, experienced trademark lawyers and specialists who practice before the U.S. Trademark Trial and Appeal Board share invaluable analysis and practical insights drawn from their years of practice. Chapters include a checklist of critical items to consider during each stage of a Board proceeding. This updated edition considers all relevant case law, as well as the 2021 and 2023 changes to the Board's rules.

Now completely updated, this one-of-its-kind treatment provides invaluable analysis and practical insights from an array of experienced attorneys who practice before the U.S. Trademark Trial and Appeal Board.

This edition considers all relevant case law, as well as the 2021 and 2023 changes to the Board's rules. Every chapter clearly describes and analyzes a separate facet of Board practice and concludes with a valuable checklist of items for practitioners to bear in mind during each stage of a Board proceeding. Topics include:

• Inter partes matters and prefiling considerations
• Pleadings and commencement of proceedings
• Disclosures and discovery
• Motion practice
• Trial procedures and rules of evidence
• The use of experts
• Briefs on final hearing and oral argument
• Appeals from final TTAB decisions
• Settlement, alternative dispute resolution, and accelerated case resolution
• Ex parte appeals
• Ethical issues when practicing before the Board

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TTABlogger comment: It's on my desk.

Text Copyright John L. Welch 2025.