TTAB Incoming Filings and Performance Measures for Decisions

Fiscal year (FY) 2023

United States Patent and Trademark Office

Trademark Trial and Appeal Board

By filing type

Type of filing	FY20 (% +/- FY19)	FY21 (% +/- FY20)	FY22 (% +/- FY21)	1st Qtr. FY23	FY23 (% +/- FY22)
Appeals	3,487 (+4.6%)	3,531 (+1.3%)	3,213 (-9%)	853	853 (+6.2%)
Extensions of time to oppose	18,893 (-7.8%)	17,200 (-9%)	16,814 (-2.2%)	4,220	4,220 (same rate)
Oppositions	6,712 (-3.5%)	6,669 (-0.6%)	6,702 (+0.5%)	1,631	1,631 (-2.7%)
Cancellations	2,501 (+3.1%)	2,400 (-4%)	2,290 (-4.6%)	524	524 (-8.5%)

Final decisions on merits (appeals and trial cases)

Final Decisions on Merits	FY20 (% +/- FY19)	FY21 (% +/- FY20)	FY22 (% +/- FY21)	1st Qtr. FY23	FY23 (% +/- FY22)
Maturing to RFD (Ready for Decision)	681 (-8.5%)	661 (-2.9%)	649 (-1.8%)	182	182 (+12.2%)
(appeals / trials)	(523/158)	(495/166)	(444/205)	(126/56)	(126/56)
Cases Decided	729 (+12%)	668 (-8.4%)	562 (-15.9%)	103	103 (-26.7%)
(appeals / trials)	(529/200)	(496/172)	(392/170)	(67/36)	(67/36)
Average Pendency of Appeals, RFD to mailing*	11.7 weeks (-7.9%)	7.7 weeks (-34.2%)	9.2 weeks (+19.5%)	12.3 weeks	12.3 weeks (+33.7%)
Average Pendency of Trials, RFD to mailing*	17.7 weeks (+15.7%)	9.8 weeks (-44.6%)	11.6 weeks (+18.4%)	13.5 weeks	13.5 weeks (+16.4%)
Awaiting Decision at end of Period	126 (-38.8%)	93 (-26.2%)	150 (+61.3%)	225	225 (+50%)
(appeals / trials)	(89/37)	(66/27)	(92/58)	(148/77)	(148/77)
* Pendency figures exclude decisions issued as precedents, considered for issuance as such, or with anomalous prosecution histories.

Commencement to completion processing times

Commencement to completion processing times	FY20 (% +/- FY19)	FY21 (% +/- FY20)	FY22 (% +/- FY21)	1st Qtr. FY23	FY23 (% +/- FY22)
Appeals - Average Total Pendency*	44.7 weeks (+10.4%)	36.1 weeks (-19%)	38.9 weeks (+7.8%)	42.5 weeks	42.5 weeks (+9.3%)
Appeals - Median Total Pendency*	39 weeks (+2.6%)	34 weeks (-12.8%)	36 weeks (+5.9%)	38.5 weeks	38.5 weeks (+6.9%)
Trial Cases - Average Total Pendency*	146.6 weeks (-8.7%)	150.6 weeks (+2.7%)	142.6 weeks (-5.3%)	142.1 weeks	142.1 weeks (little change)
Trial Cases - Median Total Pendency*	132.5 weeks (-11.7%)	140 weeks (+5.7%)	128 weeks (-8.6%)	123.5 weeks	123.5 weeks (-3.5%)
ACR¹ Cases - Average Total Pendency*	101.3 weeks (-19.7%)	107.3 weeks (+5.9%)	94.8 weeks (-11.6%)	N.A.	N.A.
# ACR Cases Decided:	20 cases	14 cases	8 cases	0 cases	0 cases
¹ACR = Accelerated Case Resolution * Pendency figures exclude decisions issued as precedents, considered for issuance as such, or with anomalous prosecution histories.

Commencement to completion processing times

FY20
(% +/- FY19)

FY21
(% +/- FY20)

FY22
(% +/- FY21)

1st Qtr.
FY23

FY23
(% +/- FY22)

Appeals - Average Total Pendency*

44.7 weeks

(+10.4%)

36.1 weeks

(-19%)

38.9 weeks

(+7.8%)

42.5 weeks

(+9.3%)

Appeals - Median Total Pendency*

39 weeks

(+2.6%)

34 weeks

(-12.8%)

36 weeks

(+5.9%)

38.5 weeks

(+6.9%)

Trial Cases - Average Total Pendency*

146.6 weeks

(-8.7%)

150.6 weeks

(+2.7%)

142.6 weeks

(-5.3%)

142.1 weeks

(little change)

Trial Cases - Median Total Pendency*

132.5 weeks

(-11.7%)

140 weeks

(+5.7%)

128 weeks

(-8.6%)

123.5 weeks

(-3.5%)

ACR¹ Cases - Average Total Pendency*

101.3 weeks

(-19.7%)

107.3 weeks

(+5.9%)

94.8 weeks

(-11.6%)

N.A.

# ACR Cases Decided:

20 cases

14 cases

8 cases

0 cases

¹ACR = Accelerated Case Resolution

* Pendency figures exclude decisions issued as precedents, considered for issuance as such, or with anomalous prosecution histories.

Contested motions

Contested Motions	FY20 (% +/- FY19)	FY21 (% +/- FY20)	FY22 (% +/- FY21)	1st Qtr. FY23	FY23 (% +/- FY22)
No. Decisions Issued#	1,072 (+7%)	1,161 (+8.3%)	1,123 (-3.3%)	265	265 (-5.6%)
No. Motions Resolved by Issued Decisions#	1,337 (+8.6%)	1,439 (+7.6%)	1,409 (-2.1%)	311	311 (-11.7%)
Average Pendency, from Ready for Decision to Issuance*	12.4 weeks (+7.8%)	9.9 weeks (-20.2%)	11.1 weeks (+12.1%)	10.2 weeks	10.2 weeks (-8.1%)
No. Cases with Motions Awaiting Decision at end of Period	213 (-12%)	186 (-12.7%)	202 (+8.6%)	185	185 (-8.4%)
# Quarterly and Year to Date tallies of Decisions Issued or Motions Resolved are subject to revision as records are updated during the year; and they may vary slightly from previously reported tallies. * Pendency figures exclude decisions issued as precedents, considered for issuance as such, or with anomalous prosecution histories.

Contested Motions

FY20
(% +/- FY19)

FY21
(% +/- FY20)

FY22
(% +/- FY21)

1st Qtr.
FY23

FY23
(% +/- FY22)

No. Decisions Issued#

1,072

(+7%)

1,161

(+8.3%)

1,123

(-3.3%)

265

(-5.6%)

No. Motions Resolved by Issued Decisions#

1,337

(+8.6%)

1,439

(+7.6%)

1,409

(-2.1%)

311

(-11.7%)

Average Pendency, from Ready for Decision to Issuance*

12.4 weeks

(+7.8%)

9.9 weeks

(-20.2%)

11.1 weeks

(+12.1%)

10.2 weeks

(-8.1%)

No. Cases with Motions Awaiting Decision at end of Period

213

(-12%)

186

(-12.7%)

202

(+8.6%)

185

(-8.4%)

# Quarterly and Year to Date tallies of Decisions Issued or Motions Resolved are subject to revision as records are updated during the year; and they may vary slightly from previously reported tallies.

* Pendency figures exclude decisions issued as precedents, considered for issuance as such, or with anomalous prosecution histories.