If ESTTA is down and you have time left to wait, wait for ESTTA to come back online and file online. If not, for extensions of time to file an opposition, a notice of opposition, petition to cancel or answer, file the submission in paper along with a petition to the director, pursuant to 37 CFR 2.146, to request paper filing, and the fees to cover the paper pleading or extension of time, and the petition. 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. The petition to the director must be based on technical problems with ESTTA or extraordinary circumstances. Include an affidavit or declaration and any other available evidence to support your assertion, e.g., screen print showing ESTTA problem. For all other submissions (e.g., response to a motion) file with the TTAB in paper and include a written explanation as to why you could not file online. The explanation must be based on technical problems with ESTTA or extraordinary circumstances.
Categories