TTAB Incoming Filings and Performance Measures for Decisions

FISCAL YEAR 2021

United States Patent and Trademark Office

Trademark Trial and Appeal Board

By filing type

Type of Filing	FY18 (% +/- FY17)	FY19 (% +/- FY18)	FY20 (% +/- FY19)	1st Qtr FY21	Through Q1 FY21 (% +/- FY20)
Appeals	3,223 (+2%)	3,333 (+3.4%)	3,487 (+4.6%)	889	889 (+2%)
Extensions of time to oppose	19,208 (+3.9%)	20,502 (+6.7%)	18,893 (-7.8%)	4,355	4,355 (-7.8%)
Oppositions	6,496 (+5.5%)	6,955 (+7.1%)	6,712 (-3.5%)	1,603	1,603 (-4.5%)
Cancellations	2,253 (+7.2%)	2,426 (+7.7%)	2,501 (+3.1%)	652	652 (+4.3%)

Final decisions on merits (appeals and trial cases)

Final Decisions on Merits	FY18 (% +/- FY17)	FY19 (% +/- FY18)	FY20 (% +/- FY19)	1st Qtr FY21	Through Q1 FY21 (% +/- FY20)
Maturing to RFD (Ready for Decision)	650 (-4.3%)	744 (+14.5%)	681 (-8.5%)	150 (-11.9%)	150 (-11.9%)
(appeals / trials)	(473/177)	(514/230)	(523/158)	(118/32)	(118/32)
Cases Decided	585 (-9.9%)	651 (+11.3%)	729 (+12%)	138 (-24.4%)	138 (-24.4%)
(appeals / trials)	(441/144)	(448/203)	(529/200)	(106/32)	(106/32)
Average Pendency of Appeals, RFD to mailing*	8.3 weeks (+18.6%)	12.7 weeks (+53%)	11.7 weeks (-7.9%)	8.2 weeks (-29.9%)	8.2 weeks (-29.9%)
Average Pendency of Trials, RFD to mailing*	9.5 weeks (-8.7%)	15.3 weeks (+61%)	17.7 weeks (+15.7%)	11.2 weeks (-36.7%)	11.2 weeks (-36.7%)
Awaiting Decision at end of Period	130 (+39.8%)	206 (+58.5%)	126 (-38.8%)	122 (-3.2%)	122 (-3.2%)
(appeals / trials)	(74/56)	(123/83)	(89/37)	(86/36)	(86/36)
* 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	FY18 (% +/- FY17)	FY19 (% +/- FY18)	FY20 (% +/- FY19)	1st Qtr FY21	Through Q1 FY21 (% +/- FY20)
Appeals - Average Total Pendency*	35.8 weeks (-7.8%)	40.5 weeks (+13.1%)	44.7 weeks (+10.4%)	39.1 weeks (-12.5%)	39.1 weeks (-12.5%)
Appeals - Median Total Pendency*	33 weeks (+4.8%)	38 weeks (+15.2%)	39 weeks (+2.6%)	34 weeks (-12.8%)	34 weeks (-12.8%)
Trial Cases - Average Total Pendency*	140.3 weeks (-10.8%)	160.6 weeks (+14.5%)	146.6 weeks (-8.7%)	155.7 weeks (+6.2%)	155.7 weeks (+6.2%)
Trial Cases - Median Total Pendency*	128 weeks (-13.5%)	150 weeks (+17.2%)	132.5 weeks (-11.7%)	148.5 weeks (+12.1%)	148.5 weeks (+12.1%)
ACR Trial Cases - Average Total Pendency*	106.3 weeks (-11%)	126.2 weeks (+18.7%	101.3 weeks (-19.7%)	87 weeks (-14.1%)	87 weeks (-14.1%)
# ACR Cases Decided:	19 cases	27 cases	20 cases	2 cases	2 cases
* Pendency figures exclude decisions issued as precedents, considered for issuance as such, or with anomalous prosecution histories.

Commencement to completion processing times

FY18
(% +/- FY17)

FY19
(% +/- FY18)

FY20
(% +/- FY19)

1st Qtr
FY21

Through Q1 FY21
(% +/- FY20)

Appeals - Average Total Pendency*

35.8 weeks

(-7.8%)

40.5 weeks

(+13.1%)

44.7 weeks

(+10.4%)

39.1 weeks

(-12.5%)

39.1 weeks

(-12.5%)

Appeals - Median Total Pendency*

33 weeks

(+4.8%)

38 weeks

(+15.2%)

39 weeks

(+2.6%)

34 weeks

(-12.8%)

34 weeks

(-12.8%)

Trial Cases - Average Total Pendency*

140.3 weeks

(-10.8%)

160.6 weeks

(+14.5%)

146.6 weeks

(-8.7%)

155.7 weeks

(+6.2%)

155.7 weeks

(+6.2%)

Trial Cases - Median Total Pendency*

128 weeks

(-13.5%)

150 weeks

(+17.2%)

132.5 weeks

(-11.7%)

148.5 weeks

(+12.1%)

148.5 weeks

(+12.1%)

ACR Trial Cases - Average Total Pendency*

106.3 weeks

(-11%)

126.2 weeks

(+18.7%

101.3 weeks

(-19.7%)

87 weeks

(-14.1%)

87 weeks

(-14.1%)

# ACR Cases Decided:

19 cases

27 cases

20 cases

2 cases

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

Contested motions

Contested Motions	FY18 (% +/- FY17)	FY19 (% +/- FY18)	FY20 (% +/- FY19)	1st Qtr FY21	Through Q1 FY21 (% +/- FY20)
No. Decisions Issued#	1082 (+9.2%)	1002 (-7.4%)	1072 (+7%)	283	283 (+5.6%)
No. Motions Resolved by Issued Decisions#	1318 (+6.5%)	1231 (-9.4%)	1337 (+8.6%)	325	325 (-2.8%)
Average Pendency, from Ready for Decision to Issuance*	9.4 weeks (+20.5%)	11.5 weeks (+17%)	12.4 weeks (+7.8%)	9.8 weeks	9.8 weeks (-21%)
No. Cases with Motions Awaiting Decision at end of Period	165 (+12.2%)	242 (+46.7%)	213 (-12%)	222	222 (+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

FY18
(% +/- FY17)

FY19
(% +/- FY18)

FY20
(% +/- FY19)

1st Qtr
FY21

Through Q1 FY21
(% +/- FY20)

No. Decisions Issued#

1082

(+9.2%)

1002

(-7.4%)

1072

(+7%)

283

(+5.6%)

No. Motions Resolved by Issued Decisions#

1318

(+6.5%)

1231

(-9.4%)

1337

(+8.6%)

325

(-2.8%)

Average Pendency, from Ready for Decision to Issuance*

9.4 weeks

(+20.5%)

11.5 weeks

(+17%)

12.4 weeks

(+7.8%)

9.8 weeks

(-21%)

No. Cases with Motions Awaiting Decision at end of Period

165

(+12.2%)

242

(+46.7%)

213

(-12%)

222

(+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.