Attorney James Hastings ("Jamie") will be a co-presenter at a Strafford CLE webinar taking place on Tuesday, September 10, 2024, at 1:00 - 2:30 pm ET. The webinar, titled "Evidentiary Issues at the TTAB: Examination Guides, Generic.com Marks, Third-Party Registrations, Consumer Surveys" will be a live 90-minute CLE video webinar followed by an interactive Q&A.
This CLE course will guide trademark counsel on evidentiary issues at the Trademark Trial and Appeal Board (TTAB). Jamie and his co-panelist will discuss the Examination Guides, particularly as they address generic marks, evidentiary issues related to third-party registrations, and consumer surveys. They will discuss the scope and timing of discovery. They will also examine recent court treatment and offer best practices for navigating evidentiary issues at the TTAB.
Description
The USPTO Trademark Manual of Examining Procedure includes three Examination Guides that provide insights on the USPTO's approach to various evidentiary issues. Among other topics, that guidance addresses the issue of so-called generic.com marks and how trademark applicants can establish acquired distinctiveness, including through the use of consumer surveys.
Listen as Jamie and his co-panelist examines evidentiary issues associated with the prosecution of applications and with ex parte and inter partes litigation before the TTAB. They will discuss the new Examination Guides, particularly as they address claimed generic.com marks, evidentiary issues related to third-party registrations, and consumer surveys. They will also will address the scope and timing of discovery and potential issues associated with:
- the proper role of notices of reliance;
- cross-examination of witnesses testifying by declaration;
- the admissibility and significance of Wayback Machine search results; and
- the introduction of website captures.
Takeaways will include the best practices counsel should employ when submitting or challenging evidence and testimony, as well as lessons learned from recent case law.
To learn more about the CLE webinar, and to register, please visit the event page on the Strafford website.
