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The TTAB Addresses Issue Preclusion and Ex Parte Appeals

Published in Managing Intellectual Property
Article | May 2018

This article discusses the recent decision made by the US Patent and Trademark Office's Trademark Trial and Appeal Board (TTAB) in In re FCA US LLC in which the TTAB confirmed that while courts must give preclusive effect to decisions made by the TTAB if the ordinary elements of issue preclusion are met, the reverse is not always required.  The decision serves as a reminder that just because a court finds no likelihood of confusion between an applicant's mark and a registered mark, it does not mean that the registered mark will not serve as a bar to the availability of the applied-for mark for registration.

Read "The TTAB Address Issue Preclusion and Ex Parte Appeals" in its entirety.

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