In a ruling that could handicap trademark applicants fighting to salvage their brands, a federal appeals panel has concluded that the government can recover legal fees from applicants that look to district courts to challenge adverse rulings by the U.S. Patent and Trademark Office.
In an April 23 decision, the U.S. Court of Appeals for the Fourth District held that that win or lose, a trademark plaintiff in an ex parte district court proceeding involving the PTO’s Trademark Trial and Appeal Board must pay all expenses, including attorney and paralegal fees.
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