Parties to trademark oppositions have tools at their disposal that have the potential to save money on trademark opposition attorneys by bringing about a swift resolution of the dispute. This is the idea behind the Accelerated Case Resolution (ACR) program of the Trademark Trial and Appeal Board.

ACR allows for the parties to receive a prompt determination of their respective claims and defenses, without the delay and uncertainty of a standard trademark opposition case.  ACR is the result of a realization that parties often spent considerable sums of money on the preparation and filing of summary judgment motions. Historically, most summary judgment motions are denied, resulting in costly legal fees that do very little to bring about a final determination of the case.

In an effort to encourage parties to explore settlement options, the Trademark Board instituted rules requiring the parties to discuss claims, defenses, and settlement possibilities at the beginning of the case.  Under ACR, the parties may request that the Interlocutory Attorney act as a settlement mediator.  In order to take advantage of ACR, the parties should make a genuine effort to determine whether a settlement is achievable without the need for costly litigation.  This requires good-faith dealing by both parties and their attorneys.

If you are a party to a trademark opposition, be sure to ask your attorney about whether your case is a good candidate for ACR resolution.

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Photo of James Hastings James Hastings

James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board Practice Group of Practus, LLP.  He is a certified mediator of the INTA Panel of Mediators, an international roster of select professionals with expertise in trademark dispute resolution.

James is…

James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board Practice Group of Practus, LLP.  He is a certified mediator of the INTA Panel of Mediators, an international roster of select professionals with expertise in trademark dispute resolution.

James is the publisher of Trademark Opposition Lawyer, an online advisory dedicated to helping brand owners understand important issues that arise in proceedings before the U.S. Trademark Trial and Appeal Board.  His commentary has been featured on Corporate Counsel, Law.com, LegalZoom,and other digital publications.

He devotes his practice to trademark opposition and trademark cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.  Over the course of his career, he has represented the interests of numerous national and international brand owners in trademark litigation matters in both the U.S. District Courts and before the U.S. Patent and Trademark Office.

Prior to his current affiliation with Practus, LLP, James was in-house counsel to a New England-based catalog retailer, where he was responsible for developing trademark portfolio acquisition, protection, and licensing strategies.  Earlier in his career, he was a partner and associate at intellectual property law firms in New York, where he was engaged in trademark portfolio and intellectual property protection work on behalf of well-known fashion and personal care brands.

James is a member of the New York and Connecticut bars.  He has lectured at University MBA programs and legal education conferences on the issues of trademark protection and e-commerce law.

Past and Present Membership

  • International Trademark Association
  • Association Corporate Counsel
  • National E-tailing and Mail Order Organization of America