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Trademark FAQ

What is a TTAB Proceeding?

There are two types of proceedings before the TTAB, an ex parte appeal from denial of your application for registration by an examining attorney, and an inter partes opposition, cancellation, concurrent use or interference proceeding.

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Trademark FAQ

Where can I call to get information about the TTAB?

You can call the TTAB Assistance Center at 571-272-8500 during normal business hours, between 8:30 a.m. and 5 p.m. Eastern Time (ET), Monday through Friday, except federal holidays. For General Information press [4]; to speak with an Information Specialist press [0].

The Information Specialists are available to:

  • answer telephone inquiries
  • explain how to access pertinent legal provisions and related administrative practices
  • provide status information on pending cases
  • provide access to the files of pending cases
  • assist in resolving problems
Categories
Trademark FAQ

When can I expect a decision on my consented or uncontested motion?

Presently, the TTAB is rendering decisions on these filings approximately ten (10) days after the filing date of a consented motion or ten (10) days after a response to an unconsented motion was due.

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Trademark FAQ

When can I expect a final decision in my opposition or cancellation proceeding?

Presently, the TTAB is rendering decisions in these proceedings approximately ten (10) weeks after the case is ready for decision. Up to date pendency information can be found on the TTAB’s Dashboard.

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Trademark FAQ

When can I expect a final decision on my appeal?

Presently, the TTAB is rendering decisions in ex-parte appeals approximately ten (10) weeks after all briefs have been submitted or after a hearing date. Up to date pendency information can be found on the TTAB’s Dashboard.

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Trademark FAQ

When will my contested motion be decided?

Our goal is to decide contested motions in less than three (3) months. Your case will be decided in turn. If you have not received something from us after four (4) months, you may call to check the status of your motion. For further pendency information, see the TTAB’s Dashboard.

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Trademark FAQ

An answer was due in this proceeding a long time ago, and we have not received a copy of an answer from the defendant. What happens next?

Check TTABVUE to see whether an answer has been entered in the file. If not, the TTAB sets the call-back date for entry of a notice of default about 10 days after the answer was due. You will receive a copy of the notice of default and/or email notification when a notice of default issues. If an answer has been filed on paper it will be scanned into TTABVUE and you should be able to view it there.

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Trademark FAQ

How can I find out if you have received my filing?

When you file you should have received an ESTTA tracking number. Most papers filed electronically are uploaded immediately to TTABVUE, and you should be able to see your filing there. If your submission is not showing, or there is another problem with the submission, you can call the Information Specialist, explain the problem, and provide the ESTTA tracking number. If they are not able to resolve the problem, they will notify the TTAB’s IT specialist.

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Trademark FAQ

What is the status of my case?

You can check the electronic file in TTABVUE. You can also call the TTAB Information Specialists at 571-272-8500 to request information on the status of your case. Please be aware that the Information Specialists also use TTABVUE and likely will have no different information. Otherwise, allow a reasonable period of time to pass before calling to check status. In the rare instances, due to technical difficulties with ESTTA or extraordinary circumstances, a submission was filed by hand, traditional mail, or a delivery service, it may take some time for such newly filed papers to reach the TTAB and be processed. In contrast, submissions filed electronically appear in the record almost immediately.

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Trademark FAQ

If a potential opposer files the same extension of time that requires a fee more than once due to USPTO technical problems (e.g., USPTO Finance Manager was down or delayed in updating records), can we refund the extra fee paid?

Yes.