TTAB Precedential Cases 2025
TTAB Insights from Harness IP is a periodic newsletter highlighting notable decisions from the Trademark Trial and Appeal Board (TTAB). Each edition distills recent rulings into clear, practical takeaways for trademark practitioners, brand owners, and in-house counsel.
Rather than sorting through hundreds of TTAB decisions each year, this series focuses on the rulings that provide meaningful guidance on trademark prosecution, opposition practice, evidentiary rules, and evolving Board procedures.
The first edition highlights notable TTAB decisions from 2025 addressing priority claims under Section 44, evidentiary rules for video submissions, consent agreements in likelihood-of-confusion analysis, and the evidence required to demonstrate bona fide intent to use a mark.
WHAT’S INSIDE:
- Section 44(d) priority and statutory reciprocity requirements
- Why linked videos are not admissible evidence in TTAB proceedings
- When consent agreements fail to overcome likelihood of confusion
- Evidence required to prove bona fide intent to use a mark
- Why model or grade designations do not create trademark rights
- Why invalidity must be raised by counterclaim—not as a defense
- Appeal arguments that may be deemed waived before the TTAB
- The evidence needed to establish intent to use a mark
- How dismissals may create claim-preclusion risks
- When foreign companies may bring TTAB oppositions
- Product design functionality and trademark protection
READ THE FIRST ISSUE: TTAB Precedential Cases 2025
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