Earlier this week, the Supreme Court ruled that if the Trademark Trial and Appeal Board, an administrative court, made a determination about the likelihood of confusion, that determination may be binding in a later federal court case.
Whenever you are involved in an adversarial process – either before an administrative court like the TTAB, or in a court of law, it is vital that you hire a lawyer who will diligently pursue your case to the end.
For example, if you file a trademark application that is opposed by another mark owner and abandon that application, you will be prohibited from later obtaining the same or a similar mark.
Relatedly, failing to bring all related claims in a federal district lawsuit at once will often result in the related but un-filed claims being precluded from a future suit.
If you’re facing a administrative court, or a state or federal court, make sure that your attorney is with you all the way.