Fed. Circ. Holds that TTAB judges are constitutionally appointed


Law360 (September 1, 2021, 8:56 PM EDT) – The Arthrex decision of the United States Supreme Court does not apply to the Trademark Trial and Appeal Board because the “end result” of Arthrex resulted in a structure similar to that already in place for the Trademark Court, the Federal Circuit ruled on Wednesday in a previous opinion.

In a 30-page opinion, a three-judge panel rejected Sweet 16 Musical Properties Inc.’s argument that the TTAB’s decision to cancel its recording on the word “Schiedmayer” for pianos must be rejected because the Administrative trademark judges were unconstitutionally appointed. .

After the United States Supreme Court ruling in June against Arthrex, which ruled that the administrative patent …

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