Filing TTAB documents during an outage

If your deadline is today, and the document cannot be filed via the Electronic System for Trademark Trials and Appeals (ESTTA) due to an outage, you must use an alternative method of filing (explained below), if permitted, to ensure that the document is considered timely by the USPTO. Submissions filed in paper form are permitted only when ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present. Users should not anticipate that the Board will extend a deadline because it was not possible to submit a filing by ESTTA on the due date.

A paper-filed request for extension of time to file an opposition, a notice of opposition, a petition to cancel, or answer requires a petition to the Director and the requisite petition fee, while other paper-filed submissions require only an explanation of the technical difficulties or extraordinary circumstances.  

Requests for time extensions to oppose Madrid Protocol-based applications or oppositions thereto cannot be filed in paper form under any circumstances.

A deadline that falls on a Saturday, Sunday, or federal holiday within the District of Columbia extends the due date to the next succeeding day that is not a Saturday, Sunday, or federal holiday. 37 C.F.R. §2.196. See TBMP § 112.

We make every effort to have ESTTA available 24 hours a day, 7 days a week. Sometimes ESTTA is unavailable for routine maintenance or is unexpectedly inaccessible. We make every effort to restore service as soon as possible.

Report outage to ESTTA staff

If you experience technical difficulties with ESTTA, immediately email ESTTA@uspto.gov. If the outage is during normal business hours, between 8:30 a.m. and 5 p.m. Eastern Time, Monday through Friday, except federal holidays, please contact the Trademark Trial and Appeal Board Assistance Center at 571-272-8500.

Please include:

  • Your name

  • Telephone number

  • Your ESTTA tracking number (if any)

  • Description of your issue, including the name of the ESTTA form you are having problems with (e.g., Request for Extension of Time to File an Opposition, Notice of Opposition, Consent Motion, etc.)

  • Screen shot of any error message that you are receiving.

Alternative filing methods

During an ESTTA outage, customers who cannot defer their filing must use one of the alternative methods of filing listed below, if permitted. Filing by facsimile or email is not allowed.

1. File via mail to:

United States Patent and Trademark Office

Trademark Trial and Appeal Board

P.O. Box 1451

Alexandria, VA 22313-1451

See TBMP § 107 for additional information on mailing documents to the TTAB.

The filing date of the document mailed is the date the document is received by the USPTO, although in certain situations, documents filed on paper through the U.S. Postal Service with a certificate of mailing as set forth below will be considered timely as of the date on the certificate. TBMP § 111.02. The filer must retain a copy of the mailed documents, including the signed and dated certificate of mailing, as proof of filing.

The following complete wording is suggested for the certificate of mailing:

CERTIFICATE OF MAILING

I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as First-Class Mail in an envelope addressed to:

United States Patent and Trademark Office

Trademark Trial and Appeal Board,

P.O. Box 1451

Alexandria, Virginia 22313-1451

on the date shown below:

____________________________________________

(Typed or Printed Name of Person Signing Certificate)

____________________________________________

(Signature)

____________________________________________

(Date)

Filing Receipt

When mailing documents to the USPTO, if the filer wants a receipt, he or she should provide a self-addressed stamped postcard, which will be date-labeled and mailed back. The postcard should list the filer's name, the application serial number, proceeding number, or registration number, the title or a description of the document being filed, and a listing of the items submitted in the filing (motion, exhibit, fee, etc.).

2. Hand or courier delivery of documents

Documents may be hand-delivered or delivered by courier to the USPTO between 8:30 a.m. and 5 p.m. Eastern Time, Monday through Friday, except federal holidays, at the following address:

Trademark Assistance Center

James Madison Building - East Wing

Concourse Level-Room C55

600 Dulany Street

Alexandria, VA 22314

The hours listed above for hand- or courier-delivery of documents to the USPTO are subject to change in the event of local emergencies or government closures affecting the USPTO. If the filer wants a receipt, he or she should provide a card that will be date-labeled and handed back to the person delivering the document. The card should list the filer's name, the application serial number, proceeding number, or registration number, the title or a description of the document being filed, and a listing of the items submitted in the filing (motion, exhibit, fee, etc.).

Fee payment

Please review the current fee schedule for information on TTAB fees.

Information about paying fees using a particular method of payment, including instructions and forms, is available on the Trademark Fee Information page. See also TBMP § 118 et seq. The most common methods of payment include:

  • Credit Cards accepted are VISA, MasterCard, Discover, and American Express. To pay by credit card when not using ESTTA, you must submit a "Credit Card Payment Form."

  • USPTO Deposit Accounts can be established and maintained for a fee. Please review the additional information on deposit accounts.

  • Check or Money Orders must be made payable to "Director of the U.S. Patent and Trademark Office." There is a $50 processing fee for any check returned to the USPTO unpaid.

    Information to include in filings

    All TTAB submissions should include:

  1. A heading that clearly identifies the TTAB proceeding number (if any), U.S. trademark application serial number, or registration number that is before the Trademark Trial and Appeal Board;
  2. Name, address (including ZIP code), email address and telephone number of the filer or the filer's attorney; and
  3. A title indicating the nature of the submission.

For information on the form and content of particular types of submissions, see TBMP (e.g., TBMP § 203 for requests for extension of time to oppose; TBMP § 309.02 for notices of opposition and petitions to cancel; TBMP § 502.02(a) for motions).

For additional information on TTAB submissions and signature requirements, see TBMP § 106.

For assistance with an ESTTA filing, e-mail ESTTA@uspto.gov.