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Collier Legal

Ex Parte Appeals

Ex Parte Appeals: Overcoming Trademark Application Refusals

If your trademark application receives a final refusal from the USPTO, a TTAB proceeding for an ex parte appeal can offer a path forward. The appeal process allows applicants to contest refusals by presenting a case before the TTAB, arguing why the application should be approved. Collier Legal assists clients in preparing and submitting thorough appeals to address issues raised by the USPTO, providing persuasive legal arguments that maximize your chances of a favorable outcome.

Ex Parte Appeals may also offer a way to oppose the trademarks of others. Unlike official trademark oppositions and trademark cancellations, these proceedings don’t allow the petitioner to participate after filing.

Common reasons for refusal include likelihood of confusion, descriptiveness, or failure to function as a trademark. Our trademark attorneys meticulously review each refusal, identifying the legal grounds for an appeal and crafting a brief that addresses each point raised by the examining attorney. We work with clients to provide any additional evidence or clarifications needed to make a compelling case.

Common Issues For Ex Parte Appeals

  • Likelihood of Confusion Appeals: Addressing potential conflicts with registered marks through nuanced legal arguments.
  • Descriptiveness and Functionality Appeals: Providing evidence to refute descriptiveness or functionality refusals.
  • Supplemental Evidence Preparation: Developing and organizing additional evidence to support your case.

Our Expertise in Ex Parte Appeals

With significant experience in handling trademark appeals, Collier Legal brings in-depth knowledge of TTAB procedures and strong advocacy skills. We analyze previous TTAB rulings to align our arguments with proven strategies, while our experience with USPTO examiners enables us to anticipate and counter opposing arguments effectively. Our familiarity with the nuances of appeal briefs and oral arguments gives your appeal a competitive edge.

Why Choose Collier Legal for Your Appeal?

Working with Collier Legal means partnering with a team dedicated to overcoming obstacles in trademark registration. We ensure each case is fully developed and supported by relevant evidence, increasing the likelihood of reversing refusals and securing your trademark. Our commitment to thorough preparation and effective advocacy distinguishes our service.

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