“TTAB’s ‘Selective’ Approach Spurs Drop In Precedents” 

Jennifer Fraser was quoted in the Law360 article, “TTAB’s ‘Selective’ Approach Spurs Drop In Precedents.” The article examines the Trademark Trial and Appeal Board’s sharp decline in precedential decisions, with only six issued so far in fiscal year 2026 compared to roughly 40 annually in prior years. TTAB leadership attributes the drop to staffing reductions, growing caseloads, and a more selective approach to determining which rulings should carry precedential weight. Trademark practitioners, however, say the lack of recent binding guidance has made it more difficult to advise clients and navigate disputes before the board.

Fraser notes that the shortage of precedential opinions has become increasingly frustrating for practitioners, especially when seeking relevant authority for current cases. While acknowledging the board’s staffing and workload challenges, she says the trademark bar has long wanted more precedential guidance from the TTAB.