The following is an edited transcript of my video 4 Tips for a TTAB Hearing.
- Know the rules in the Trademark Trial and Appeal Board (TTAB). The rules for evidence, the rules for the case, and the rules for the hearing. They’re very similar to the Federal Rules of Civil Procedure, but they have their own nuances and and it’s important to know what they are.
- Know the evidence of record in the case. I prepare for a hearing by making a binder full of all the evidence in the case. When I’m at the hearing, I have the entire binder organized and tabbed with me so that if I need to refer to specific evidence in the record, I can, and I can show the judges that that evidence is tangibly in the record. Saying there’s evidence about a particular fact is one thing, knowing there’s evidence is better, and pointing directly to the page number of that evidence is far and away the best and most convincing. And the evidence.
- Do the hearing standing up. Now that so many things are on zoom or video, I’ve noticed that people have a tendency to sit at their desk. I strongly recommend investing in a standing desk. It’s much better energy, it’s much better eye level and focus for the camera, and it makes your performance much better.
- Request a hearing when you have something important to say. About evidence that’s hard to explain in the brief; something important about the history of the case; something important about the law that’s a new issue that’s never been examined or decided before. Having a hearing can only strengthen your advocacy for the client before the TTAB.
For more about TTAB proceedings, visit here.
