ESTTA help

What is ESTTA?

The Electronic System for Trademark Trials and Appeals (ESTTA) is the online filing system used to submit all filings to the Trademark Trial and Appeal Board (TTAB).

ESTTA filing is mandatory for all filings

In the event that ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, submissions may be filed in paper. A Petition to the Director with the required showing and fee must accompany an extension of time to oppose, notice of opposition, petition to cancel or answer submitted in paper form. All other paper filings must be accompanied by a written explanation of such technical problems or extraordinary circumstances, addressed to the Board.

NOTE: Requests for extension of time to oppose, and notices of opposition against applications filed under Trademark Act § 66(a) (Madrid Protocol) must be filed through ESTTA without exception. For more information see TBMP § 110.01.

Plan ahead

It is your responsibility to prepare and file your submissions in advance of any applicable deadline. Filers may call the TTAB with questions about filing at (571) 272-8500 or (800) 786-9199 from 8:30 a.m. to 5 p.m. ET. Alternatively, filers may send non-urgent email inquiries to ESTTA@uspto.gov, and include a description of the problem, the unique tracking number, i.e., "the ESTTA Tracking Number,"  and the proceeding number (if any), and a telephone number for contact. The Board will respond to email inquiries within two business days. Board personnel cannot guarantee that any filing issue will be resolved prior to a deadline.

Consider hiring an attorney

Proceedings before the TTAB are legal proceedings. They are quite technical and highly specialized, involve complex questions of trademark law and procedure, and involve strict rules of practice. It is strongly recommended that any party to a proceeding secure the services of an attorney who is familiar with trademark law and Board practice. Board personnel are not permitted to provide legal advice to any applicant or party, and they will not give any special consideration to applicants or parties who elect not to retain counsel. To locate an attorney, consult your local directory, the Internet, the attorney referral service of a state or local bar association or the American Bar Association. Read more about why you should hire a private trademark attorney and how to find one.

Who can represent you before the TTAB

Only attorneys licensed to practice in the United States are permitted to represent you at the TTAB. Employing an individual who is not authorized to practice before the USPTO to represent you in connection with your trademark application may jeopardize the validity of your registration.

For more information, see Using private legal services.

Use the "Change of address" form to change or update a party’s or legal representative’s street and/or email correspondence address.

Technical requirements

ESTTA has been tested [using Internet Explorer up to version 11 and Google Chrome version 60] on PC architecture. While every effort has been made to use standard programming, the USPTO cannot guarantee that ESTTA will function properly using browsers or operating systems other than those identified above.

NOTE: If you are using Internet Explorer, please ensure that the Compatibility View (Tools>Compatibility View settings) is disabled or not enabled. Internet Explorer on the Macintosh platform will NOT permit a proper image attachment.

  • Format of attachments: All attachments to a filing must be a file stored on your computer, PDF files are strongly preferred. We also accept TIFF or TXT format. Each attachment should be formatted for 8.5" x 11" paper in black and white text or graphics. TIFF or PDF filings should be rendered in 300 dpi resolution.
  • Color documents: While documents containing color may be submitted, they may severely limit the number of pages which can be uploaded. Color images are often unnecessary, and scanning in color often results in a larger file size than if you set your scanner for grayscale or black and white.
  • Size of attachments: There is a limit of 6 megabytes per file and a limit of 53 megabytes per ESTTA submission. A single ESTTA submission may include more than one PDF, TIFF, or TXT file, but the combined size of all attached files must be less than 53 megabytes.
  • Large submissions: Large files can cause problems during attachment and transmission, and problems with the Board’s handling and access of the submission. 
  • Submitting Evidence: Don’t submit unnecessary evidence. An unnecessarily hefty filing is no more persuasive than a carefully selected smaller filing. For instance: An entire catalog, book, or magazine need not be entered in the record when the filing party relies on or references only a single page, chapter, or article. Except for copies of a plaintiff’s pleaded registrations, evidence attached to a notice of opposition or petition for cancellation is not of record and will not be considered. Although trial testimony must be filed in its entirety, only the relevant portions of discovery depositions should be filed under a notice of reliance. If your filing is still large, consider dividing it into two or more separate filings, in logical segments, filed consecutively. Clearly and briefly label the contents of each separate filing (e.g., "Smith Deposition vol. 2," or "Opposer’s Third Notice of Reliance, Exhs. F–L").
  • Exhibits must be numbered or lettered consecutively, and marked with the number and title of the proceeding and the name of the party offering the exhibit. The Board may refuse to consider unmarked or improperly marked exhibits.  
  • For more information regarding submissions in inter partes proceedings, see Trademark Rules 2.120(k) use of discovery deposition, answer to interrogatory, admission or written disclosure); 2.122 (Matters in evidence); 2.123 (Trial testimony in inter partes cases); 2.125 (Filing and service of testimony); and 2.126 (Form of submissions to the Trademark Trial and Appeal Board). Also see TBMP § 110 (Electronic Filing Using ESTTA). For more information regarding submissions in ex parte proceedings, see Trademark Rules 2.126 (Form of submissions to the Trademark Trial and Appeal Board); and 2.141 through 2.145
  • More information on attachments: For additional information regarding attachments to ESTTA filings, see TBMP § 110.02.

ESTTA offers a variety of forms for the most common types of filings. Choose the form which most closely identifies your filing. If the filing embodies two or more motions, choose the primary or most significant motion. When filing in an existing proceeding, if there is no form that describes the filing, select the appropriate “general filings” option. Each filing will be considered based on its content, not based on its caption or title.

Go to Choosing your ESTTA form.

Petitions to Director

Do not use ESTTA to file Petitions to the Director. Petitions to the Director must be filed using the online petition form in the Trademark Electronic Application System (TEAS).

For more information on the Petition to the Director procedure, see TMEP Chapter 1700.

Who can sign your ESTTA filings?

All submissions to the TTAB must be signed by the applicant or party on whose behalf the submission is filed, or by an attorney representing the party or applicant. ESTTA filings may be signed by either of the following methods:

  • Placing a combination of letters, numbers, spaces, or punctuation marks adopted as a signature between two forward slash symbols (e.g.:/John Q. Public/) on the ESTTA cover sheet in the signature block
  • Signing the paper in pen, scanning the paper and adding it as an attachment to the form prior to transmission.

For more information, see 37 CFR §§ 2.119(e); 2.193(c); 37 CFR § 11.18; Fed. R. Civ. P. 11; TBMP §§ 106.02, 203.03, 309.02, 311.01, 502.04, 527.02, 1202.03.

Filing fees are required for some filings

ESTTA accepts payment for certain filings that require a fee: extensions of time to oppose, notices of opposition, petitions for cancellation, counterclaims, notices of appeal, and amendment to registrations involved in a TTAB cancellation proceeding. The payment may be made by credit card (MasterCard, Visa, American Express or Discover), electronic funds transfer, or through an existing USPTO deposit account. See TBMP § 118.03.

See the learning and resources webpage for information regarding how to pay fees, including how to establish a USPTO deposit account.

A list of current trademark fees is at 37 CFR § 2.6.

The fee for a counterclaim is the same as the fee for a petition for cancellation as indicated in 37 CFR § 2.6(a)(16), and is governed by Trademark Rule 2.111(d).

Currently, ESTTA does not support electronic fee processing for motions to divide an application involved in a TTAB proceeding. Accordingly, payment of the fee for a motion to divide an application should be by written authorization to debit the filer's USPTO deposit account and the fees will be subsequently processed by the Intent to Use Division.

Filing receipt and other correspondence from the TTAB

Upon a successful ESTTA submission, the filer will receive an email receipt with the ESTTA tracking number and other filing information. The Board will send the filing receipt, notice of orders and other correspondence to the email address of record for each party and the applicant. Accordingly, it is critical that ESTTA filers make sure that all parties' email addresses are current, correct and complete prior to transmission.

When using ESTTA, and periodically throughout a proceeding, all parties should assure that the record in TTABVUE indicates the current and complete street address AND email address. Parties are responsible for maintaining the correct correspondence information with the Board. Failure to do so may result in missing deadlines with adverse consequences, including default judgment against a nonresponding party.

Email addresses

Upon successful completion of an ESTTA submission, the filer will receive filing confirmation by email, at the email address provided by the filer. The Board may also send orders (or notice of orders) to both parties by email. Accordingly, it is critical that ESTTA filers make sure that both parties' email addresses are correct and complete prior to transmission.

You may enter more than one email address, separated by comma and a space, in the email address field in ESTTA, up to a total of 800 characters. The filing information and any resulting order (if sent by email) will be sent only to the entered addresses.

Parties should take care to promptly update the address to which correspondence should be sent (both street address and email) whenever appropriate. Note that although email orders and notices can be sent to more than one email address, the Board will only send paper copies to the single correspondence address of record.

Use the "Change of address" form to change or update a party’s or legal representative’s street or email correspondence address.

For more information regarding correspondence in TTAB matters, see TBMP § 117.

Pre-filing checklist

  1. Check your file names. Make sure that file names do not contain special characters such as (‘!@#$%^&*(){}|).
  2. Include proof of service. As required by Trademark Rule 2.119, proof of service must be made for every submission except for the notice of opposition or the petition to cancel.
  3. Check your entire document before filing.
  • Is all text easily readable and are all pages with images clear and visible?
  • Do all pages appear, and are they in the proper order?
  • Does the text on every page appear upright? The Board requires each page displayed so it can be read from top to bottom.
  • Does the document comply with Trademark Rule 2.126? Filings must be clear and legible, formatted properly and within any applicable page limits.
  • If possible, has the document been processed so that the text is searchable?

For more information see TBMP § 110.01.

What's new in ESTTA

ESTTA 3.10 (released July 2, 2020)

New validation for non-U.S. domiciled parties and bar membership fields for attorneys

In accordance with the U.S. Counsel rule (August 2019), when filing a notice of opposition, petition for cancellation, appeal of refusal to register or request for extension of time to oppose, ESTTA will now 1) require an attorney for non-U.S. domiciled parties and 2) require all attorneys to provide bar membership information.

Note: Bar membership information is only viewable to the filer and will not be available in TTABVUE.

Separate email address fields

The forms mentioned above will also require one primary email address and allow up to 10 secondary (courtesy copy) email addresses.

Note: Email addresses will still appear as one field in TTABVUE. The first email address listed is the primary email.

Change of correspondence information in an existing proceeding

Use the Change of Address form to submit or update your correspondence information in Board records automatically. This includes changes or updates to correspondent, street, primary or secondary email addresses, telephone number or, to designate/change an attorney and submit or update attorney bar membership information.

Enhanced and new filing help pages

We've listened to your feedback and now provide form previews and additional filing tips for all forms. Go to the enhanced Choosing your ESTTA form web page to preview request for extension of time to oppose forms or one of our new web pages to preview forms or get additional help on initiating a new proceeding or filing a submission in an existing proceeding.

ESTTA tips and known issues

Save session problems

TTAB is aware that the save session does not always work as expected. We are working diligently to resolve reported issues in future enhancements to ESTTA. In the meantime, please re-start the filing to start a new save session if the existing save session does not allow you to return successfully. We apologize for the inconvenience.

Tips for creating and attaching PDFs

The following recommendations will keep file size to a minimum, and are good practices regardless of the size of your ESTTA filing. Whenever possible, PDF files should be:

  • Text-searchable, and created directly from a word-processing file rather than from being printed out and scanned. PDF files created from scanned documents are typically larger in size and lower in quality than those created directly from word processing files or other electronic media. If you must scan, 300 dpi is fine for most purposes. Higher resolution rarely creates a noticeably better image, but will create a larger file. When scanning documents containing text, set your software to create a text-searchable PDF file. The TTAB may refuse to consider exhibits that are not clear and legible. 37 CFR 2.126(a)(2).
  • Optimized.  Adobe PDF software can optimize a file, often reducing its size substantially without any loss in quality. This is especially important for scanned documents. 
  • Clear and legible. The Board requires all pages to be clear and legible, with each page displayed so it can be read from top to bottom.

Call us if you don't see your submission in TTABVUE a week after filing.

When you file in ESTTA, monitor TTABVUE to make sure your submission is uploaded. If you don't see your submission a week after you file, contact TTAB for assistance.

TTAB Assistance Center
(571) 272-8500
Monday through Friday 8:30 a.m. to 5 p.m. ET

Questions about your filing

Filers may call the TTAB with questions about filing at (571) 272-8500 or (800) 786-9199 from 8:30 a.m. to 5 p.m. ET. Alternatively, filers may send non-urgent email inquiries to ESTTA@uspto.gov, and include a description of the problem, the ESTTA tracking number, the proceeding number (if any), and a telephone number for contact. The Board will respond to email inquiries within two business days. Board personnel cannot guarantee that any filing issue will be resolved prior to a deadline.