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|Top of Notices (456) December 27, 2011||US PATENT AND TRADEMARK OFFICE||Print This Notice 1373 CNOG 3237|
|Trademark Trial and Appeal Board||Referenced Items (455, 456, 457, 458, 459, 460, 461, 462, 463, 464)|
(456) Citation of Opinions to the Trademark Trial and Appeal Board It has been the policy of the Trademark Trial and Appeal Board (TTAB) that TTAB opinions not designated as precedential should not be cited to the TTAB and, if cited, are disregarded. E.g., General Mills Inc. v. Health Valley Foods, 24 USPQ2d 1270, 1275 n.9 (TTAB 1992). The TTAB is changing its policy with respect to the citation of opinions not designated as precedential. Accordingly, the Board will henceforth permit citation to any TTAB disposition as follows: . The TTAB will continue its current practice of designating all final decisions as either precedential or not precedential. Unless specifically designated as precedential, an order on a motion should be considered not precedential. . The TTAB will continue its practice of considering precedential decisions as binding upon the TTAB. . A decision designated as not precedential is not binding upon the TTAB but may be cited for whatever persuasive value it might have. . Citation to all TTAB decisions should be to the United States Patent Quarterly, if the decision appears therein; otherwise, to a USPTO public electronic database. If a non-precedential decision does not appear in the United States Patent Quarterly or the USPTO's public electronic databases, the citing party should append a copy of the decision to the motion or brief in which the decision is cited. . Decisions of other tribunals may be cited to the extent allowed and for the purposes permitted by the tribunal that issued the decision. The TTAB will continue to post all its final decisions at: http://des.uspto.gov/Foia/TTABReadingRoom.jsp. The files of TTAB proceedings are available at: http://ttabvue.uspto.gov/ttabvue/. In due course, the TTAB will make revisions to the Trademark Trial and Appeal Board Manual of Procedure (TBMP) consistent with this notice. December 27, 2006 J. DAVID SAMS Chief Administrative Trademark Judge [1314 TMOG 1360]