General Information
Q1: Where can I call to get
information about the TTAB?
A: You can call the TTAB Customer Service Center at (571) 272-8500. The Contact Representatives are available
to:
- answer telephone inquiries
- explain pertinent legal provisions and related administrative
practices
- provide status information on pending cases
- provide access to the files of pending cases
- resolve problems
Q2: What if my problem is
not resolved or I need assistance with an unusual situation? What
if I want to make a suggestion about TTAB processes?
A: In most cases, the Contact Representatives can answer your
questions, or can refer you to the appropriate person to handle
your concern. However, if you need additional help, you may ask
the Contact Representative to refer your call to the appropriate
TTAB supervisor.
Q3: What’s your address?
How can I be sure the papers I mail get to the TTAB?
A: Envelopes and transmittal letters for the TTAB should be addressed to:
UNITED STATES PATENT AND TRADEMARK OFFICE
Trademark Trial and Appeal Board
P.O. Box 1451
Alexandria, VA 22313-1451
Q4: Can I submit papers by
fax to the TTAB?
A: No, except for the Notice of Appeal in an ex-parte appeal
proceeding. United States Patent and Trademark Office Rule 1.6(d)(8)
bars facsimile transmission of papers to be filed with the TTAB.
The Trademark Trial and Appeal Board Manual of Procedure notes
that if other papers are filed with the TTAB by fax transmission,
they will not receive a filing date. TBMP Section 107.
Q5: Can I look at a case
file that is pending before the TTAB?
A: Case files are public records and are open to the public for
review, except for certain documents filed under a claim of confidentiality.
To look at a file, you can come to the TTAB’s offices, or hire
someone to copy a file for you. The TTAB Customer Service Center
makes every effort to provide public access to application files,
opposition files, cancellation files and concurrent use files
immediately upon request for access.
Q6: Will you fax me a copy
of a paper from the file?
A: Unfortunately, we can’t fax papers to parties under most circumstances.
We have an extremely heavy workload, and if we were to make a
practice of faxing papers, we would get little other work done.
You can come to the TTAB yourself or hire someone to copy any
papers you need.
Q7: Where can I find more
information on how the TTAB conducts proceedings?
A: You can refer to the TTAB
Manual of Procedure (TBMP). The TTAB also follows the Federal
Rules of Civil Procedure.
Q8: Where can I find TTAB
decisions?
A: On our website, you can access TTAB decisions from 1997 to
the present. You can access these decisions through the TTAB homepage,
or by clicking this link: TTAB
decisions link.
Q9: I think we might be able
to resolve this matter if we can get some assistance in an alternative
forum. Where can I get assistance in Alternative Dispute Resolution
(ADR)?
A: There are several organizations you can contact regarding ADR.
Fee Information
Q1: What is the fee for filing?
A: 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 6403/7403.
Status Information
Q1: What is the status of
my case?
A: You can call the TTAB Contact Reps. at 571.272.8500 to request
information on the status of your case. However, you should be
aware that the TTAB has a heavy caseload and cases are handled
in the order in which they are received. Please allow a reasonable
period of time to pass before calling to check status. It may
take some time for newly filed papers to reach the TTAB and be
processed.
Q2: How can I find out if
you have received my filing?
You can call the Customer Service Center and ask that they check
the status of your case in our computer system. If the paper has
not been entered, you can ask to speak to the legal assistant
assigned to the case, who can tell you if he/she has received
the paper. Please remember that it may take some time for a paper
to reach the TTAB and be entered. You might wish to keep the legal
assistant's name and number in your file so you can call the legal
assistant directly on status questions
Q3: An answer was due in
this proceeding a long time ago, and we have not received a copy
of an answer. What happens next?
A: Check with the TTAB to see whether an answer has been entered
in the file. If not, we will pull the file for entry of a notice
of default. You will receive a copy. If an answer has been filed,
we will fax a copy to you.
Q4: When will my motion be
decided?
A: It is currently taking us approximately 4 months to decide
contested motions. Your case will be decided in turn. If you have
not received something from us after 5 months, you may choose to
call and check the status of your motion.Q5: When can I expect a decision
on my appeal ? A: Presently, the TTAB is rendering decisions in ex-parte appeals
approximately 24 weeks after all briefs have been submitted or after
a hearing date.
Q6: When can I expect a decision
in my opposition or cancellation proceeding?
A: Presently, the TTAB is rendering decisions in these proceedings
approximately 24 weeks after the case is ready for decision.
Information about
TTAB proceedings
Q1: I just got a notice of
opposition. What's an opposition?
A: An opposition is a proceeding in which one party is seeking
to prevent registration of another party’s trademark. Under the
law, if a party believes that he will be damaged by the registration
of a mark, he can file an opposition. For more information, see TBMP Section. 102.02.
Q2: I just got a petition
to cancel. What's a cancellation?
A: A cancellation is a proceeding in which a party seeks to
cancel an existing registration of a mark. Under the law, a person
who believes he will be damaged by the registration may file a
petition to cancel. For more information, see TBMP Section. 102.02.
Q3: My application to register
was denied by an examining attorney. What can I do?
A: You can file an appeal to the TTAB. You must file the appeal
within six months of the mailing date of the final refusal to
register. For more information, see TBMP Chapter 1200.
Q4: Do I need an attorney
to represent me in a TTAB proceeding?
A: While you can represent yourself in a TTAB proceeding, you
might wish to consider hiring an attorney to represent you. An
opposition 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.
Q5: Can you help me find
an attorney?
A: Unfortunately, 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.
Q6: Can I ask a TTAB employee
to help me in the proceeding?
A: 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.
Q7: How can I find out more
information about TTAB proceedings and how to properly conduct my
case?
A: You can refer to the TTAB Manual of Procedure (TBMP). It
is available on-line through the TTAB
Page. The TTAB also follows the Federal Rules of Civil Procedure.
Q8: I just received a notice
of opposition or a cancellation, and I do not have an attorney.
What do I do?
A: 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
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 theTrademark
Manual of Board Procedure (TBMP).
Q9: I have just learned that
my answer was due , but I did not file an answer. What do I do?
A: You must file a motion to the TTAB asking that the TTAB accept
a late-filed answer. In your motion, you must to set forth the
reasons why the filing is late. The TTAB will consider whether
you have shown good cause to set aside the default. Don’t forget
to serve a copy on the other side. You may also want to confirm
that your mailing address is correct.
Q10: Can I get an extension
of time to answer or to respond to a motion?
A: To get an extension of time, you must file a motion. Your
motion may be contested. If it is not contested, it will be granted
as conceded. Your motion may be denied if it is contested, so
you may wish to get the consent of the other side and file the
motion with their consent. See TBMP Section 509.
Q11: I missed the time
for filing another extension of time to oppose by a day. What can
I do about it?
A: Time limits for filing Notices of Opposition or Requests for
Extensions of Time to Oppose are strictly enforced. Unfortunately,
you have missed your opportunity to file an opposition. You may
file a petition to cancel, after the trademark registers. It takes
about 3 months from the close of the opposition period (including
extensions) until a registration issues if the case is not an
Intent to Use case. It may take much longer for an Intent to Use
case to mature to registration. Check the TM web site or status
line to see if it has registered.
Q12: How do I withdraw
my petition to cancel (or my notice of opposition).
A: You must to file a document stating what you wish to do. If
you want the matter dismissed without prejudice (which means that
you would be free to come back at a later date and file another
application to register your trademark), you will need to obtain
the written consent of the other side; and, of course, you need
to serve the other party to the proceeding with a copy of anything
you file. If you do not obtain written consent, the proceeding
will be dismissed with prejudice (which means you could not file
again to register your mark).
Q13: The parties have agreed
to settle the case by amending the identification of goods in the
involved application. Do I file it directly with the trademark examining
attorney or do I need to request remand to the examining attorney?
A: You should file the amendment with the TTAB. The Examining
Attorney does not have jurisdiction over the case while a proceeding
is pending at the TTAB. The TTAB will take the proper steps to
have the amendment considered and, if appropriate, entered. See TBMP Section 514.
Q14: What do you mean by
proof of service?
A: Every paper filed in an opposition, cancellation, concurrent
use or interference case must be served on the other party or
parties to the proceeding. This means a copy of the filing must
be mailed to or delivered to the other party. Proof of service
must be attached to the paper you file with the TTAB. This is
a statement signed by the attorney or other authorized representative,
stating the date of service and the manner in which service was
made. See TBMP Section 113 for a complete explanation of service requirements.
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