Filing with TTAB

Mandatory electronic filing

The TTAB requires electronic filing using the Electronic System for Trademark Trials and Appeals (ESTTA) for all submissions in TTAB proceedings and requests for extensions of time to oppose. If ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, customers may use alternative filing methods for most filings. Email or facsimile submissions are not permitted and will not be assigned a filing date.

If this is your first time using ESTTA, please read the ESTTA User's Guide for a full overview including step-by-step instructions on using the ESTTA forms.

Fees and payment information

Some filings require a fee. To obtain a successful filing receipt, ESTTA will require a payment for submissions that require a filing fee. View USPTO's acceptable forms of payment and the TTAB's fee schedule for current fee amounts.

Filing date and receipt

The filing date is the date on which the complete ESTTA filing (including any required fee) is received in the USPTO. Although an ESTTA filing can be made from anywhere in the world, the Eastern Time zone in the United States controls the filing date, not the local date from where the filing was made. 37 C.F.R. § 2.2; 37 C.F.R. § 2.195(a). ESTTA filers should not send hard copies of electronically-filed documents to the TTAB. Such duplication is unnecessary and inefficient.

When documents are successfully filed online, the filer will receive an on-screen acknowledgement of the filing, including an ESTTA tracking number. The on-screen acknowledgement usually takes place shortly after the filer selects “Submit” on the final screen. The filer should also receive an email filing receipt including the tracking number and filing information which includes the number of pages transmitted.

Pre-filing information and technical requirements

View helpful pre-filing information and technical requirements. Also visit the TTAB's Frequently asked questions (FAQs) on filing.

It is your responsibility to prepare and file your submissions in advance of any applicable deadline. TTAB representatives are only available Monday through Friday 8:30 a.m. to 5 p.m. ET to assist with resolving technical problems related to ESTTA. They cannot assist users with technical problems that are non-ESTTA related. Even if the problem is reported during normal business hours and an ESTTA technical problem is confirmed, there is no guarantee that a technical problem with ESTTA will be resolved prior to your filing deadline. Check the system status and planned outages before you start a filing session. Technical problems with a filer's computer system or internet connection are not considered ESTTA technical problems.

In the event that ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, extensions of time to oppose an application and notices of opposition for applications filed under Trademark Act § 1 or § 44; petitions for cancellation of registrations; and notices of appeal, may be filed in paper. A Petition to the Director under 37 C.F.R. § 2.146 with the required showing and the prescribed fees must accompany the submission filed in paper for an extension of time to oppose, a notice of opposition, and a petition to cancel. Visit our Filing TTAB documents during an outage webpage for additional assistance.

Madrid applications

Applications to register marks under the Madrid Protocol are governed by Trademark Act § 66, et seq. Because of the strict time limits involved, paper filing is never an option with Madrid applications. Requests for extensions of time to oppose, and notices of opposition, against Trademark Act § 66 applications MUST be filed through ESTTA. Once the opposition is commenced, however, all other submissions may be filed in the same manner as any other opposition, which means that paper filing may be available when technical problems with ESTTA are confirmed. For information concerning applications filed under Trademark Act § 66, see TMEP Chapter 1900. See TBMP § 309.03(a)(1) for limitations on the scope of a notice of opposition against such an application (limiting grounds, and goods and services, to only those identified in the ESTTA-generated cover sheet).

• New request for extension of time to oppose: To file a new or subsequent request for an extension of time to oppose, on the ESTTA filing webpage, select the downward arrow under the Request for Extension of Time To Oppose, enter the application serial number, and select a 30-day or 90-day extension of time to oppose option. You must pay the prescribed fee for a 90-day extension request.
• Subsequent request for an extension of time to oppose - To request additional time beyond a period previously granted, on the ESTTA filing webpage, select the downward arrow under the Request for Extension of Time To Oppose, enter the application serial number, select yourself as the returning potential opposer, when prompted, and select one of the available extension options. You must pay the prescribed fee for the selected extension request.
• Relinquish an extension or respond to a Board order: To relinquish an extension of time to oppose or respond to a Board order requesting more information relevant to an extension of time to oppose or notice of opposition, not yet instituted by TTAB, on the ESTTA filing webpage, select the downward arrow under the Request for Extension of Time To Oppose, enter the application serial number, select yourself as the returning potential opposer or applicant, when applicable, and select the appropriate form option.

For further assistance, view additional extension of time to oppose filing information.

• New ex parte appeal: To file a notice of appeal of a refusal to register, on the ESTTA filing webpage, select the downward arrow under File a New Proceeding, highlight and select Appeal of Refusal to Register, and enter the application serial number. You must pay the prescribed appeal fee when using this form. For further assistance, view additional notice of appeal filing information.
• Existing ex parte appeal proceeding: If your application is the subject of an ex parte appeal proceeding and you would like to file a brief or other response to a TTAB order, on the ESTTA filing webpage, select the downward arrow under File Documents in a Board Proceeding, highlight and select the Ex Parte Appeal (general filings ) option in ESTTA. Some filings require a fee. For further assistance, view additional ex parte appeal filing information.

• For a new opposition proceeding: To file a notice of opposition, on the ESTTA filing webpage, select the downward arrow under File a New Proceeding, select the Notice of Opposition option, and enter the application serial number. If you are a returning potential opposer who previously obtained an extension of the opposition period, select yourself, when prompted, to continue. For further assistance, view additional notice of opposition filing information.
• For a new cancellation proceeding: To file a petition to cancel, on the ESTTA filing webpage, select the downward arrow under File a New Proceeding, highlight and select the Petition to cancel option, and enter the U.S. registration number. For further assistance, view additional petition to cancel filing information.
• When involved in an opposition, cancellation, or concurrent use proceeding, e.g., received an order from the TTAB identifying a proceeding number beginning with 91, 92, or 94: To respond to a notice of opposition or petition to cancel, file a new motion or, respond to a motion in an inter partes proceeding, on the ESTTA filing webpage, select the downward arrow under the File a Document in a Board Proceeding, highlight and select from one of the following options, Opposition, Cancellation, or Concurrent use general filing, Consent Motion, Change of Address, or Confidential Filing, and enter the proceeding number. For further assistance, view additional inter partes filing information.

Standard protective order

The Board's standard protective order for the protection of confidential material is automatically imposed and in effect in all opposition, cancellation, and concurrent use proceedings, and is available on the Board’s webpage. View a sample of an agreement acknowledging a protective order.

Alternative protective agreements

The parties may enter into an alternative protective agreement. They must file the alternative agreement for the Board's approval. See 37 C.F.R. § 2.116(g); and TBMP § 412.

To file a confidential submission in an inter partes proceeding, from the ESTTA filing webpage, select the downward arrow under File Documents in a Board Proceeding, highlight and select the CONFIDENTIAL Opposition, Cancellation, or Concurrent use filing option, and enter the proceeding number. For further assistance, view additional confidential filing information. 

To update a party's street or email address or, to make an attorney appearance for parties subject to any Board proceeding or the extension of time to oppose process, from the ESTTA filing webpage, select the downward arrow under File Documents in a Board Proceeding, highlight, select the Change of Address option. Enter the proceeding number or application serial number, if the submission should be associated with an ex parte appeal proceeding. For further assistance, view additional inter partes filing information.

Form previews are available in the ESTTA User's Guide and under the appropriate sections online using one of the options below.

• Requesting an extension of time to oppose
• Filing a new ex parte or inter partes proceeding
• Filing a new motion or responding to a pleading or Board order

Filers may call the TTAB with questions about filing at 571-272-8500 or 800-786-9199 Monday through Friday 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” and the proceeding number (if any), and a telephone number for contact. The Board will usually respond to email inquiries within two business days. Board personnel cannot guarantee that any filing issue will be resolved prior to a deadline.