Categories
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.

Categories
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.

Categories
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.

Categories
Trademark FAQ

Can I pay the fee for both a petition to the director to accept a paper filing and the paper notice of opposition/cancellation in one check?

The better practice is to send in separate checks. To see a complete list of TTAB Fees, select the current Fee Schedule from the USPTO Fees page, then scroll to Trademark Processing Fees 6401/7401.

Categories
Trademark FAQ

What methods of payment are accepted?

You may pay your fee by check or money order (payable to “Director of the U.S. Patent and Trademark Office”), credit card, deposit account, or by electronic funds transfer (EFT). Most fees can be paid online over the USPTO website. For details on each of these payment methods visit the USPTO Fees page.

Categories
Trademark FAQ

What is the fee for TTAB filing?

Depending on the type of proceeding, fees vary. To see a complete list of TTAB Fees, select the current Fee Schedule from the USPTO Fees page, then scroll to Trademark Processing Fees 6401/7401. Please note effective Jan. 14, 2017 certain extensions of time to file an opposition require fees.

Categories
Trademark FAQ

Discovery responses must be served in the discovery period, what about supplemental responses?

The duty to supplement under Fed. R. Civ. P. 26(e) continues after close of discovery.

Categories
Trademark FAQ

As the plaintiff, do I need to serve a copy of my complaint on the defendant?

No. The Board will issue a notice of institution and serve the complaint on the defendant in the form of a web link or web address to access the complaint and proceeding on TTABVUE.

Categories
Trademark FAQ

My trial opens on Jan. 14, 2017, may I submit testimony by affidavit or declaration?

Yes, even though the pretrial disclosure was served before the effective date of the new rules you may present the testimony of those disclosed witnesses by affidavit or declaration if your trial period is open on or after Jan. 14, 2017.

Categories
Trademark FAQ

Under the rule changes motions to compel initial disclosures must be filed within 30 days after the deadline for initial disclosures, will that apply to cases pending on Jan. 14, 2017?

Yes. The effective date has been set a few months after publication of the rules in order to allow parties time to adjust their docketing schedules.