Introduction: Why Speed Matters in Trademark Disputes

If you are a business owner, startup founder, or entrepreneur, you already know that your brand is everything. When a trademark dispute arises, waiting years for a resolution can feel like an eternity and leave your business in limbo. This is where Accelerated Case Resolution (ACR) at the Trademark Trial and Appeal Board (TTAB) comes in.

ACR is a specialized procedure that allows parties to resolve their disputes faster, often with fewer expenses, while still receiving a binding decision from the TTAB. Think of it as the TTAB’s version of a streamlined bench trial. For many businesses, especially startups eager to move forward, ACR offers an attractive alternative to a full-blown trial.

What is Accelerated Case Resolution (ACR)?

Accelerated Case Resolution is essentially a shortcut to trial that parties can agree to use in inter partes proceedings, such as oppositions or cancellations. The TTAB allows flexibility in how ACR is structured, but the general idea is to give the Board the tools to decide a case on a limited record, often similar to summary judgment but with added flexibility.

In one common form, parties stipulate that the TTAB may decide the case based on their cross-motions for summary judgment, treating those filings as the final record. In another format, parties may agree to submit a joint set of stipulated facts along with limited evidence, asking the Board to apply the law directly.

The benefit? Instead of dragging on through extended discovery, testimony periods, and trial briefs, the case can be decided quickly, giving both parties clarity and allowing businesses to focus on growth instead of litigation.

How ACR Works in Practice

The TTAB provides several models of ACR to help parties tailor the process to their needs. Here are the key steps:

  1. Agreement Between Parties: Both sides must consent to use ACR. The TTAB will not impose it unilaterally.

  2. Defining the Record: The parties decide how evidence will be submitted. This could involve affidavits, stipulations, or limited discovery.

  3. Submission to the TTAB: Once the record is set, the parties file their briefs, and the Board treats the submissions as the full trial record.

  4. Decision by the Board: The TTAB issues a final, binding decision, often much faster than in a traditional proceeding.

For example, parties may agree to submit witness testimony via written declaration instead of live deposition. Or, they may stipulate to certain facts to narrow the issues, leaving the TTAB to decide only the contested legal questions.

Advantages of Choosing ACR

For entrepreneurs and startups, ACR offers several significant benefits:

Faster Resolution

Traditional TTAB proceedings can take years. With ACR, disputes can be resolved in a matter of months, freeing businesses from uncertainty.

Cost Savings

Full discovery and trial phases can be expensive. By streamlining the process, ACR reduces attorney time, deposition costs, and other litigation expenses.

Flexibility

Unlike rigid trial rules, ACR allows parties to design a procedure that fits their case. This flexibility makes it particularly attractive to businesses looking for efficiency.

Binding Outcome

ACR decisions are final and carry the same weight as decisions from a full trial. This gives businesses confidence that the matter is resolved with certainty.

When Should You Consider ACR?

ACR is not right for every case, but it shines in certain scenarios:

  1. Narrow Disputes: When the disagreement centers on a few legal issues rather than complex factual disputes.

  2. Strong Documentary Evidence: If the evidence needed to decide the case can be presented through documents, declarations, or stipulations rather than live testimony.

  3. Willing Parties: Both sides must be open to cooperation. If one party insists on prolonged discovery, ACR won’t work.

  4. Resource-Conscious Startups: For small businesses and startups with limited budgets, ACR can be a game-changer.

Challenges and Considerations

While ACR is powerful, there are also considerations to keep in mind:

  1. Mutual Agreement Required: One uncooperative party can block ACR, forcing the case down the traditional path.

  2. Limited Discovery: If critical facts are unknown or contested, ACR may not provide enough opportunity to uncover them.

  3. Less Formal Testimony: Parties relying on witness credibility may prefer live testimony rather than declarations.

  4. Final Decision Still Binding: Just because ACR is faster does not mean the TTAB will be more lenient. The same legal standards apply.

Case Example: ACR in Action

In several TTAB decisions, ACR has proven to save parties significant time and cost. For example, in Lebanon Seaboard Corp. v. R&R Turf Supply Inc., the Board resolved the case on stipulated facts, avoiding lengthy discovery and trial periods.

These real-world examples show that ACR is not theoretical, it is a practical and tested pathway for trademark owners seeking efficiency.

How Entrepreneurs Can Leverage ACR

For startups and entrepreneurs, choosing ACR can be a strategic move to protect your brand while keeping legal costs manageable. Consider these steps:

  1. Discuss ACR Early: The best time to raise ACR is during the settlement and discovery planning conference.

  2. Assess the Case: Work with your attorney to determine if the dispute is well-suited for ACR.

  3. Prepare Stipulations: Narrow down the issues and agree on facts where possible.

  4. Submit a Joint Proposal: Present the TTAB with a clear agreement outlining how you want the case to proceed.

Your brand is worth everything, and resolving disputes quickly through ACR can help you focus on scaling your business instead of getting stuck in years of litigation.

Why Work with an Experienced TTAB Attorney

While ACR is designed to simplify disputes, it still requires strategic planning. Drafting stipulations, selecting the right evidence, and framing arguments for the TTAB are all critical steps that benefit from experienced counsel.

At Cohn Legal, PLLC, we specialize in representing startups, entrepreneurs, and global brands in TTAB proceedings. Whether you are opposing a confusingly similar mark or defending your registration, our attorneys act as your legal consigliere, guiding you through every step.

We simplify the process, explain costs upfront, and empower you to protect your brand effectively. Initial consultations are always free, and we take pride in making complex legal processes easier for business owners.

Conclusion: Think Big, Resolve Fast

Accelerated Case Resolution is one of the TTAB’s most powerful tools for entrepreneurs who value speed, efficiency, and cost savings. By opting for ACR, you can protect your brand while avoiding the long, drawn-out process of a traditional trial.

If you are currently facing a trademark opposition or cancellation, or simply want to know whether ACR might work for your case, let’s talk.

Your brand is everything. Protect it forever and always.