IP Talk Episode 2: Keeping Tabs on the TTAB

John Welch has decades of experience representing clients in scores of patent, trademark, copyright lawsuits across the country. 

John specializes in cases before the Trademark Trial and Appeal Board (TTAB), and speaks and writes frequently regarding that tribunal. His blog, The TTABlog, is highly popular with the trademark community. 

In this episode of IP Talk with Wolf Greenfield, John provides a summary of the Board, takes a look at interesting trends and cases and offers a review of the recently enacted Trademark Modernization Act. 

• 00:49 - An overview of the Trademark Trial and Appeal Board (TTAB)
• 02:22 - Why do parties go to the TTAB instead of federal court?
• 03:59 - Explaining the high affirmance rate for likelihood-of-confusion and mere descriptiveness cases
• 04:55 - TTAB trends in 2021
• 06:19 - Why has there been an increase in failure to function cases?
• 07:15 - Interesting cases on the horizon
• 09:32 - Notable elements of the Trademark Modernization Act of 2020 (“TMA”)
• 12:39 - John’s TTABlog—keeping tabs on the TTAB since 2004