TTAB Incoming Filings and Performance Measures for Decisions

FISCAL YEAR 2016

United States Patent and Trademark Office

Trademark Trial and Appeal Board

 

Type of Filing

 

FY15

(% +/- FY14)

1st Qtr

FY16  

2nd Qtr

FY16

3rd Qtr

FY16

Through 3rdQtr FY16

(% +/- FY15)*

Appeals

 

2,992

(+7%)

800

818 687

2,305

(+2.7%)

Extensions of time to oppose

17,132

(-1%)

4,367

4,786 4,966

14,119

(+9.9%)

Oppositions

 

5,290

(-4%)

1,397

1,473 1,480

4,350

(+9.6%)

Cancellations

1,763

(+2.3%)

458

446 472

1,376

(+4.1%)

* Variance from three-quarters of FY15 numbers

 

Final Decisions on Merits (Appeals and Trial Cases)

FY15

(% +/- FY14)   

1st Qtr

FY16

2nd Qtr

FY16             

3rd Qtr

FY16        

    

Through 3rdQtr FY16

(% +/- FY15)**

Maturing to RFD (Ready for Decision)

 

(appeals/trials)

617

(+5.8%)

(479/138)

171

 

(122/49)

159

 

(134/25)

209

 

(157/52)

539

(+16.4%)

(413/126)

Cases Decided

 

(appeals/trials)

562

(+4.7%)

(439/123)

127

 

(101/26)

145

 

(106/39)

198

 

(151/47)

470

(+11.5%)

(358/112)

Average Pendency of Appeals, RFD to mailing*

9.3 weeks

(no change)

8.1 weeks

9.9 weeks 9.7 weeks

9.2 weeks

(-1%)

Average Pendency of Trials, RFD to mailing*

11.2 weeks

(+23%)

11.1 weeks

14.2 weeks 11.1 weeks

12.1 weeks

(+8%)

Awaiting Decision at end of Period

 

(appeals/trials)

112

(+6.7%)

(81/31)

148

 

(95/53)

157

 

(118/39)

159

 

(117/42)

159

(+42%)

(117/42)

* Pendency figures exclude precedential decisions.

** Variance for cases maturing to RFD and cases decided compared to three quarters of FY15 totals; variance of inventory compared to inventory at end of FY15.

 

Commencement to completion processing times

FY15

(% +/- FY14)              

1st Qtr

FY16            

2nd Qtr

FY16                  

3rd Qtr

FY16

Through 3rdQtr FY16

(% +/- FY15)              

Appeals - Average Total Pendency*

42.7 weeks

(-2.5%)

43.6 weeks+

40.8 weeks+ 40.1 weeks+

40.6 weeks+

(-4.9%)

Appeals - Median Total Pendency*

35 weeks

(-2.8%)

35 weeks+

35 weeks+ 33 weeks+

34.5 weeks+

(-1.4%)

Trial Cases - Average Total Pendency*

161.2 weeks^

(-2.4%)

148.5 weeks

170.3 weeks# 146.8 weeks#                   

158.5 weeks#

(-1.7%)

Trial Cases - Median Total Pendency*

142 weeks^

(No change)

115 weeks

165 weeks# 140 weeks#

146 weeks#

(+2.8%)

ACR Trial Cases - Average Total Pendency*

 

# ACR Cases Decided:

138.6 weeks

(+1.7%)

10 cases

106.8 weeks

 

6 cases

143.4 weeks

 

 5 cases

91.3 weeks

 

 7 cases

110.9 weeks

(-20%)

18 cases

* Pendency figures exclude precedential decisions.

^ FY15 – Three trial cases with 4+ years of settlement talks excluded.

+ FY16 – Anomalous appeals with lengthy and/or multiple remands or suspensions excluded from quarterly figures and year to date figures.                                                  

# FY16 – Anomalous trial cases with lengthy suspensions excluded from Q2, Q3 and year to date figures.

 

Contested Motions

FY15

(% +/- FY14)

1st Qtr

FY16

2nd Qtr

FY16        

3rd Qtr

FY16

      

Through 3rdQtr FY16

(% +/- FY15)**

No. Decisions Issued*

 

951

(-2.4%)

236

253 243

740

(+3.8%)

No. Motions Resolved by Issued Decisions*

1297

(-4.5%)

319

341 326

995

(+2.3%)

Average Pendency, from Ready for Decision to Issuance

9.8 weeks

(+8.8%)

8.5 weeks

8.4 weeks 7.3 weeks

8.1 weeks

(-17.4%)

No. Cases with Motions Awaiting Decision at end of Period

159

(+17.8%)

140

150 144

144

(-9.4%)

* Quarterly and Year to Date tallies of Decisions Issued or Motions Resolved are subject to revision as records are updated and finalized during the year; and they may vary slightly from previously reported tallies.

** Variance for decisions issued and motions resolved compared to three-quarters of FY15 totals; variance of inventory compared to inventory at end of FY15.