Judge Christopher Larkin provided an in-depth update on current operations, recent developments, and best practices at the Trademark Trial and Appeal Board (TTAB). He began with a reminder of the Board’s role—deciding only the right to obtain or maintain a registration with limited remedies available.
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Dan Vavonese opened the session with an overview of the challenges overcome in FY25, noting that the USPTO Trademark Office has been able to meet and exceed its goals. Staffing has remained steady despite the federal hiring freeze.
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Jennifer Lantz and Rob Wallace discussed how trademark surveys function in litigation, exploring the different types of surveys practitioners use, the standards courts apply when deciding whether to admit them, and the best practices attorneys should follow when designing surveys.
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Ted Davis and John Welch presented a review of trademark developments over the past year, covering federal court decisions and TTAB proceedings. Ted Davis discussed trademark protection for Non-Fungible Tokens (NFTs), trade dress pleading requirements, what constitutes actionable “use in commerce” under the Lanham Act, and the fading of the Dawn Donut Doctrine.
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