Yes. The effective date was set a few months after publication of the rules on Oct. 7, 2016 in order to allow parties time to adjust their docketing schedules.
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.
All of the rule changes came into effect on Jan. 14, 2017 and are applicable to all proceedings including those pending on Jan. 14, 2017.
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.
An inter partes proceeding before the Board is similar to a civil action (trial) in a federal district court. The parties file pleadings, a range of possible motions, discovery (a party’s use of discovery depositions, interrogatories, requests for production of documents and things, and requests for admission to ascertain the facts underlying its adversary’s case), a trial period, and briefs, followed by a decision on the merits of the proceeding. You can review the Board’s manual of procedure, the TBMP, for more information.
First, you will need to file an answer within the time stated in the order you received from the TTAB. In your answer, for each numbered paragraph you see in the notice of opposition, you should indicate the number and then admit or deny the statement, or state that you are without enough information to admit or deny the statements made in these numbered paragraphs. It is possible that you may have certain defenses that should be stated as well, but we cannot give you any advice on those, which is why we recommend that you obtain the advice of an attorney. It may be helpful for you to read the TTAB Manual of Procedure “TBMP”.
You can refer to the TTAB’s Manual of Procedure “TBMP”. The TTAB also follows the Federal Rules of Civil Procedure.
No. The TTAB is the administrative body that decides ex-parte appeals, oppositions, cancellations and concurrent use proceedings. For this reason, we must remain impartial. We can offer general factual information about TTAB procedure, but no TTAB employee may advise you on your case. We cannot discuss how the rules and law apply to your individual circumstances, cannot recommend a course of legal action, and cannot comment on how your case may be decided.
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Can you help me find an attorney?
No, the TTAB cannot recommend an attorney to you. Any attorney licensed to practice in the United States may represent you before the TTAB. However, intellectual property law (which includes trademark law) is a specialized area of the law. You may wish to keep this in mind as you choose an attorney.
While you can represent yourself in a TTAB proceeding, you might wish to consider hiring an attorney to represent you. An opposition or cancellation proceeding is just like a case in court. Even if you do not have an attorney, you will be expected to follow the Rules of Practice for the TTAB and the Federal Rules of Evidence, which are followed by the TTAB. You may find it difficult to properly conduct your case without legal counsel.