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US appellate decision sets up broader USPTO trademark-jurisdiction challenge

By Nick Robertson ( May 20, 2025, 04:30 GMT | Insight) -- The US Court of Appeals for the Ninth Circuit’s ruling last year in BBK Tobacco & Foods v. Central Coast Agriculture that a district court can cancel a pending trademark application has been approvingly cited by other federal courts, setting up a potentially widespread challenge to the US Patent and Trademark Office’s exclusive jurisdiction, a panel of professors said at the International Trademark Association annual meeting today.District courts across the US have been slow to embrace the US Court of Appeals for the Ninth Circuit’s opinion on the jurisdiction of district courts over trademark applications before the US Patent and Trademark Office, or USPTO, although key decisions since show the possibility of a widespread legal conflict, a panel of professors said at the International Trademark Association's annual meeting today*....

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