TTAB hearings

An oral hearing is optional and is scheduled only if a timely request is filed by a party to the proceeding, with the requisite fee. The oral hearing provides a party with one last opportunity to emphasize its strongest arguments, and to refute adverse arguments. Oral arguments may be particularly useful to the assigned panel of judges in cases with complex issues, a complex record, or highly technical goods and/or services. An oral hearing may not be used as a vehicle for the introduction of evidence. Board practice does not allow parties to submit additional comments or clarify their positions after oral hearing unless specifically requested to do so by the Board.  

Oral argument will be heard by at least three administrative trademark judges or other statutory members of the Trademark Trial and Appeal Board (TTAB) at the time specified in the notice of hearing, which may be reset if the Board is prevented from hearing the argument at the specified time or, upon an appropriate showing of cause by a party, at a new date and time agreed to by those scheduled to present arguments.

Following an oral hearing, the Board will add as an entry in TTABVUE an "Appearance Record" identifying the presiding judges and the individuals who appeared on behalf of each party.

For more information about inter partes oral hearings, see TBMP § 802. For more information about ex parte oral hearings, see TBMP § 1216.

Oral hearings typically are held at the offices of the Board but may be held elsewhere, in conjunction with conferences or continuing legal education programs. For hearings held at the offices of the Board, a party may request, and the Board in its discretion may allow, attendance via video conference from another location. A video hearing will be conducted in the same manner as if conducted entirely in the hearing room.

TTAB Hearing rooms are located at the USPTO Headquarters in the Madison East building, 9th floor.

A party that wishes to have an oral hearing on a case must file a request, by separate submission via ESTTA. The request for oral hearing must be accompanied by the requisite filing fee. Any party to a trial proceeding may request a hearing. In ex parte matters, the applicant may request a hearing.

An oral hearing request is due not later than ten days after the due date for a reply brief.

A person presenting oral arguments should be prepared to answer questions from the judges at any point in the arguments. When a hearing is in session, no one should be heard except for counsel making an argument or a judge. Further, a person presenting oral arguments should never interrupt adverse oral arguments presented by another. View USPTO's public hearing protocol for additional guidance.