902.01 Notice Of Appeal
Trademark Act § 21(a)(2), 15 U.S.C. § 1071(a)(2) When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the United States Patent and Trademark Office a written notice of appeal directed to the Director, within such time after the date of the decision from which the appeal is taken as the Director prescribes, but in no case less than 60 days after that date.
37 CFR § 2.145 Appeal to court and civil action.
- (a) Appeal to U.S. Court of Appeals for the Federal Circuit. An applicant for registration, or any party to an interference, opposition, or cancellation proceeding or any party to an application to register as a concurrent user, hereinafter referred to as inter partes proceedings, who is dissatisfied with the decision of the Trademark Trial and Appeal Board and any registrant who has filed an affidavit or declaration under section 8 of the Act or who has filed an application for renewal and is dissatisfied with the decision of the Director (§§2.165, 2.184), may appeal to the U.S. Court of Appeals for the Federal Circuit. The appellant must take the following steps in such an appeal:
- (1) In the Patent and Trademark Office give written notice of appeal to the Director (see paragraphs (b) and (d) of this section);
- (2) In the court, file a copy of the notice of appeal and pay the fee for appeal, as provided by the rules of the Court.
- (b) Notice of appeal.
- (1) When an appeal is taken to the U.S. Court of Appeals for the Federal Circuit, the appellant shall give notice thereof in writing to the Director, which notice shall be filed in the Patent and Trademark Office, within the time specified in paragraph (d) of this section. The notice shall specify the party or parties taking the appeal and shall designate the decision or part thereof appealed from.
- (2) In inter partes proceedings, the notice must be served as provided in § 2.119.
- (3) Notices of appeal directed to the Director shall be mailed to or served by hand on the General Counsel according to part 104 of this chapter, with a duplicate copy mailed or served by hand on the Trademark Trial and Appeal Board.
37 CFR § 104.2 Address for mail and service; telephone number.
(a) Mail under this part should be addressed to the
Office of the General Counsel
United States Patent and Trademark Office
P.O. Box 1450
Alexandria,Virginia 22313-1450
(b) Service by hand should be made during business hours to the
Office of the General Counsel,
10B20, Madison Building East,
600 Dulany Street,
Alexandria, Virginia 22314
(c) The Office of the General Counsel may be reached by telephone at 571-272-7000 during business hours.
A party taking an appeal to the United States Court of Appeals for the Federal Circuit from a decision of the Board must give written notice thereof both to the Director and to the Court of Appeals for the Federal Circuit, and pay to the Court the fee required by the Court's rules. [ Note 1.]
Specifically, the original notice of appeal must be filed in the USPTO, within the time required by 37 CFR § 2.145(d). [ Note 2.] See TBMP § 902.02. The certificate of mailing and certificate of transmission procedures described in 37 CFR § 2.197, and the Priority Mail Express® procedure described in 37 CFR § 2.198, are available for filing a notice of appeal. The notice must specify the party or parties taking the appeal and designate the decision or part thereof appealed from. However, reasons for appeal need not be given. [ Note 3.] A copy of the decision being appealed, and a copy of any decision on reconsideration thereof, should be attached to the notice of appeal. [ Note 4.] If the appeal is taken from a decision of the Board in an inter partes proceeding, a copy of the notice must be served on every other party to the proceeding, in the manner prescribed in 37 CFR § 2.119. [ Note 5.] See TBMP § 113. The written notice, if mailed to the USPTO (rather than hand-delivered to the Office of the General Counsel), must be addressed to Office of the General Counsel, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450. [ Note 6.]
For appeals of ex parte decisions, the applicant should select the ESTTA button "Appeal to CAFC"; for appeals of inter partes decisions, the appellant should select the button "Other Motions/Papers."
For information concerning the ways (i.e., by hand delivery, first-class mail, electronic filing, etc.) in which a notice of appeal may be filed in the USPTO, the filing date of a notice of appeal, and the address to be used on a notice of appeal mailed to the USPTO, see 37 CFR § 2.190, 37 CFR § 2.195, 37 CFR § 2.197, 37 CFR § 2.198, and 37 CFR § 2.145(b)(3).
For further information concerning how to file a notice of appeal, contact the Office of the Solicitor in the USPTO at (571) 272-9035.
Three copies of the notice of appeal must be filed in the Court of Appeals for the Federal Circuit and the appeal fee required by the rules of the Court must be paid to the Court. Please Note: while 37 CFR § 2.145(a) requires the filing of only one copy of the notice with the Federal Circuit, Fed. Cir. R. 15(a)(1) requires that three copies of the notice be filed with the Federal Circuit. [ Note 7.] A copy of the decision being appealed, and a copy of any decision on reconsideration thereof, should be attached to the copy of the notice. [ Note 8.]
NOTES:
1. 37 CFR § 2.145(a) and 37 CFR § 2.145 (b); Fed. Cir. R. 15. (The Federal Circuit Rules and Forms can be found on the Court’s website at: www.cafc.uscourts.gov.).
2. Trademark Act § 21(a)(2), 15 U.S.C. § 1071(a)(2); 37 CFR § 2.145(a) and 37 CFR § 2.145(b)(1).
5. See 37 CFR § 2.145(b)(2).
6. See 37 CFR § 104.2.
7. See 37 CFR § 2.145(a).
8. See the website for the Court of Appeals for the Federal Circuit at: www.cafc.uscourts.gov.