The forms in the Electronic System for Trademark Trial and Appeals (ESTTA) are divided into three main categories:
- Request an extension of time to file an opposition
- File a new proceeding
- File documents in a board proceeding.
Browse the forms in each category below. Select each form to learn when and how to use it.
After you’ve read the information below and prepared to file, go to ESTTA to submit your filing.
All submissions must be filed through ESTTA. It is your responsibility to prepare and file your submissions in advance of any applicable deadline. The filing date is the date of electronic receipt in the Office and the office’s electronic receipt takes place shortly after the filer selects “Submit” on the final screen.
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 oppositions filed under Trademark Act § 1 or § 44, petitions for cancellation and notices of appeal may be filed in paper. A Petition to the Director under 37 CFR § 2.146 with the required showing and the prescribed fees must accompany the submission filed in paper.
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. 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).
Questions about 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” 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.
Prior to registration on the Principal Register, all marks are published in the Official Gazette of the United States Patent and Trademark Office. The Official Gazette is published weekly and provides notice to all potential opposers. The Official Gazette is available on the USPTO website.
A “potential opposer” may request an extension of time to file an opposition, and must file the request prior to the expiration of the 30-day opposition period. Further extensions of time to oppose must be filed prior to any extension that was previously granted to the potential opposer. If an opposition or extension of time to oppose is not filed within thirty days following the publication date, a mark will proceed to registration or issuance of a notice of allowance, as appropriate.
Marks to be registered on the Supplemental Register are not published prior to registration, and are therefore not subject to opposition. If any party believes it is damaged by the existence of a mark on the Supplemental Register, it may file a petition for cancellation
Use these options to file a new notice of opposition, a new petition for cancellation, or an appeal from a final refusal to register. Choose the appropriate filing and enter the serial number of the application to be opposed, the registration number of the registration to be cancelled, or the serial number of the application that is subject to the appeal.
Need more help: Visit our Initiating a New Proceeding webpage for more information and form previews.
Use these options to file documents (motions, briefs, etc.) in an already existing opposition, cancellation, concurrent use, or appeal proceeding. Choose a “Type of filing” and enter the opposition number (91xxxxxx), cancellation number (92xxxxxx), concurrent use number (94xxxxxx), or application serial number (7xxxxxxx or 8xxxxxxx) to which your filing applies.
Need more help: Visit our Filing a submission in an existing proceeding webpage for more information and form previews.
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