When to use this form
Use this option only to file: submissions in existing opposition or cancellation proceedings, including answers, counterclaims, motions, testimony, stipulations, and briefs.
Do not use this option to file extensions of time to oppose, notice of appeal from a final refusal to register, notices of opposition, or petitions for cancellation.
Choosing your form
To aid the Board in entry and prompt consideration of filings, the forms require the user to accurately identify each filing. ESTTA presents titles for the most common filings. Choose the option that most closely identifies your filing. If your filing embodies two or more motions, choose the primary or most significant motion. If no title identifies your filing, you may select the “general filings” form.
The following types of forms are available under “Opposition, Cancellation or Concurrent Use (general filings)”:
Forms under: “Correspondence/parties"
Use one of these forms to file an appearance of counsel, power of attorney, request to withdraw as attorney, motion to join or substitute a party, or motion to consolidate two or more Board proceedings. NOTE: To only update an address or email address of record, use the “Change of Address” form under “File Documents in a Board Proceeding.”
When using ESTTA, and periodically throughout a proceeding, all applicants and parties should assure that the record in the Trademark Trial and Appeal Board Inquiry System (TTABVUE) indicates their current and correct street address AND email address(es). The Board sends confirmation of ESTTA filings, notice of orders and all other correspondence via email to any applicant or party who has provided an email address. The Board does not send a hard copy.
For more information regarding correspondence in Board matters, see TBMP § 117.
Forms under: “Pleadings and related motions”
Use one of these forms to file an answer, answer and counterclaim (requires a counterclaim fee), answer to a counterclaim, a motion to amend a pleading or an amended pleading, a motion for default judgment, a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), or a motion for relief from entry of default judgment.
Do not use these forms to file an initial complaint (use forms available under “File a new proceeding” instead).
Forms under: “Discovery/trial motions”
Use one of these forms to file a brief in opposition or response to a motion, a reply brief in support of a motion, a motion for summary judgment, a motion to compel discovery or disclosure, a motion to strike, a motion to strike a notice of reliance, a motion to strike testimony, a motion to strike a pleading or affirmative defense, a motion to quash, a response to a Board order or inquiry, a motion for discovery sanctions, a motion for disclosure sanctions, a motion for sanctions (not discovery) pursuant to Fed. R. Civ. P. 11, a motion for sanctions on other grounds, a motion to dismiss pursuant to Trademark Rule 2.132 for failure to take testimony, or a request for the Board’s participation in the parties’ discovery conference pursuant to Trademark Rule 2.120(a)(2)(i).
Forms under: “Trial testimony/evidence”
Use one of these forms to file a notice of reliance, a stipulation of facts, a notice of taking testimony, testimony, a brief on the merits, a rebuttal (reply) brief on the merits or a request for an oral hearing at final decision on the merits.
Forms under: “Scheduling motions”
To file consented motions to extend the time to answer, to extend discovery or trial dates, to suspend for settlement, or to suspend pending disposition of a civil action, use one of the forms under "Consent Motions (opposition or cancellation)."
Use one of these forms to file a stipulated or consented motion to extend not currently available under the Consent Motions (opposition or cancellation) form, stipulated or consented motion to reopen, unconsented motion to extend, unconsented motion to reopen, motion to suspend pending disposition of a civil action, or a motion to suspend for settlement discussions.
Forms under: “Settlement/termination”
Use one of these forms to file a withdrawal of an opposition, withdrawal of a petition for cancellation, withdrawal of a counterclaim, withdrawal of application or voluntary surrender of registration (in an inter partes case), or a motion for relief from entry of final judgment pursuant to Fed. R. Civ. P. 60.
Forms under: “Review of order or decision of the Board”
Use one of these forms to file an appeal or cross appeal of a final Board decision in an inter partes case, a request for reconsideration of a final Board decision in an inter partes case, or a request for reconsideration of a non-final Board order in an inter partes case.
Forms for filing an appeal from a final Board decision or a request for reconsideration of a final Board decision in an ex parte case may be found under “Ex Parte Appeal (general filings).”
Forms under: “Other motions/papers”
Use one of these forms only when your submission is not accurately described by any of the other forms that are available.