In a carefully crafted 7-2 decision in B&B Hardware, Inc. v. Hargis Industries, Inc., the Supreme Court of the United States reversed the US Court of Appeals for the Eighth Circuit and granted preclusive effect to Trademark Trial and Appeal Board (TTAB) registration decisions, but only in limited circumstances.

Key Takeaways -

1.The US Supreme Court granted preclusive effect to TTAB decisions, but only where (a) the other elements of issue preclusion are met, and (b) the TTAB considered the actual marketplace usage of the mark (instead of limiting its inquiry to the face of the registration/application at issue), and such actual marketplace usage is "materially the same" as the coverage of the registration/application...