The United States Patent and Trademark Office (USPTO) Trademark Trials and Appeals Board (TTAB) introduced a new procedure called expedited case resolution (ACR). Its goal is to offer a quicker, and hopefully less expensive, decision regarding TTAB’s opposition or cancellation proceedings. ACR offers the parties the opportunity to agree to discovery, pleading, and adherence to a binding decision on the merits within fifty (50) days of pleading filing.

While the TTAB’s RCA option should be considered during the initial conference between the parties, each party should consider whether it is worthwhile, possible and beneficial. Some evidentiary and other factor considerations include:

Time – is it the time of the essence in any way?

Cost – Do you want to avoid lengthy and possibly expensive trials and hearings?

Complexity of the case: is this a trademark issue that can be decided quickly?

Number of witnesses: will there be experts?

Number of documents: what is the volume?

The parties must understand that participation in ACR excludes the possibility of trial. A typical trial TTAB procedure may be better in different instances. Since each factual situation is unique to some degree, the guidance of a qualified trademark attorney can be important.

However, trademark attorneys should advise their clients about the TTAB ACR option. However, regardless of whether the speaking attorney recommends it or not, the decision ultimately rests with the parties involved. Consideration of the above factors and an overall strategy should help decide whether or not TTAB’s RCA option is appropriate in the particular matter. The help of a TTAB trademark attorney is probably worth your while.