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The article explores the impact of the intersection of Federal District Court and the U.S. Patent and Trademark Office (PTO) rules and obligations on a patent attorney who is simultaneously engaged in patent litigation and PTO hearings. Litigation elements affected by an attorney's dual-proceeding representation includes appearance in both hearings and attorney-client privilege. The author encourages patent attorneys in dual-proceedings to increase their awareness of various professional codes.

The article focuses on the appealing of trademark registration refusal and paying of the U.S. Patent and Trademark Office (USPTO)'s legal fees. Topics discussed include refusal to register in federal district court of the U.S. by the unsuccessful trademark applicant, final decision of the court that may or may not be in favor of the applicant and expenses of the proceeding that includes the PTO's attorney's fees.