1203.02(f) Cases Which May Be Cited
Prior to January 23, 2007, the Board’s policy had been that decisions which were not designated as "citable as precedent" or "for publication in full" were not citable authority. [ Note 1.] Since January 23, 2007, the Board has permitted citation to any Board decision, although a decision designated as not precedential is not binding upon the Board. [ Note 2.] See TBMP § 101.03.
When cases are cited in a brief, the case citation should include a citation to The United States Patent Quarterly (USPQ) if the case has appeared in that publication. [ Note 3.] See TBMP § 101.03 andTBMP § 801.03.
NOTES:
1. In re A La Vie i lle Russie Inc., 60 USPQ2d 1895, 1897 n.2 (TTAB 2001); In re Polo International Inc., 51 USPQ2d 1061, 1063 n.3 (TTAB 1999); In re Caterpillar Inc., 43 USPQ2d 1335, 1337 (TTAB 1997); General Mills Inc. v. Health Valley Foods, 24 USPQ2d 1270, 1275 n. 9 (TTAB 1992).
2. Citation of Opinions to the Trademark Trial and Appeal Board, O.G. Notice (Jan. 23, 2007). See In re Morrison & Foester LLP,110 USPQ2d 1423, 1427, n. 6 (TTAB 2014) ("Although parties may cite to non-precedential decisions, the Board does not encourage the practice.);See In re the Procter & Gamble Co., 105 USPQ2d 1119, 1120-21 (TTAB 2012) (citation to non-precedential opinions permitted but not encouraged; non-precedential decisions not binding on the Board).
3. In re Carlson, 91 USPQ2d 1198, 1199 n.2 (TTAB 2009).