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TTAB Facts and Questions


General Information

 Q: Where can I call to get information about the TTAB?

 Q: 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?

 Q: What is the hand delivery mailing address?

 Q: Can I submit papers by fax to the TTAB?

 Q: Can I look at a case file that is pending before the TTAB?

 Q: Will you fax me a copy of a paper from the file?

 Q: Where can I find more information on how the TTAB conducts proceedings?

 Q: Where can I find TTAB decisions?

 Q: 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)?


Fee Information

 Q: What is the fee for filing?


Status Information

 Q: What is the status of my case?

 Q: How can I find out if you have received my filing?

 Q: An answer was due in this proceeding a long time ago, and we have not received a copy of an answer. What happens next?

 Q: When will my motion be decided?

 Q: When can I expect a decision on my appeal ?

 Q: When can I expect a decision in my opposition or cancellation proceeding?

 Q. I just got a notice of opposition. What's an opposition?

 Q: I just got a petition to cancel. What's a cancellation?

 Q: My application to register was denied by an examining attorney. What can I do?


Information about TTAB Proceedings

 Q: Do I need an attorney to represent me in a TTAB proceeding?

Q: Do I need to file initial disclosures with TTAB?

 Q: Can you help me find an attorney?

 Q : Can I ask a TTAB employee to help me in the proceeding?

 Q: How can I find out more information about TTAB proceedings and how to properly conduct my case?

 Q: I just received a notice of opposition or a cancellation, and I do not have an attorney. What do I do?

 Q: I have just learned that my answer was due , but I did not file an answer. What do I do?

 Q: Can I get an extension of time to answer or to respond to a motion?

 Q: I missed the time for filing another extension of time to oppose by a day. What can I do about it?

 Q: How do I withdraw my petition to cancel (or my notice of opposition).

 

 Q: 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?

 Q: What do you mean by proof of service?


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 is the hand delivery mailing address?

A: http://www.uspto.gov/patents/mail.jsp

Trademark-related mail to be delivered by hand or other private courier or delivery service (e.g. UPS, Federal Express) to the Trademark Trial and Appeal Board, must be delivered to:

The Trademark Assistance Center
Madison East, Concourse level Room C55
600 Dulany Street
Alexandria, VA 22314

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 3 months to decide contested motions. Your case will be decided in turn. If you have not received something from us after 4 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 10 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 10 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.

Q: Do I need to file initial disclosures with TTAB?

A: No, written disclosures or disclosed documents, requests for discovery, and materials or depositions obtained through the discovery process should not be filed with the Board except when submitted with a motion relating to disclosure or discovery, or in support of or response to a motion for summary judgment, or under a notice of reliance, when permitted, during a party's testimony period.

 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).  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 the  TTAB 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: If a proceeding has been commenced and is still pending at the TTAB, you or your counsel must 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.  However, if an opposition is not yet pending, and the application is only under threat of an opposition because of the filing of an extension of time to oppose, you or your attorney may file a post publication amendment.  If you wish to file such an amendment, you may do so by using the post publication amendment form available on-line at http://www.uspto.gov/trademarks/teas/index.jsp  In the latter circumstance, you and the potential opposer should note that the Board will not suspend the running of the extended opposition period to accommodate processing of the post publication amendment.

 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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Last Modified: 10/3/2013 12:01:50 PM