The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO) that decides legal disputes involving trademark registrations. If you’ve ever had a trademark application refused after an office action, wanted to challenge someone else’s trademark, or needed to defend your own trademark registration, the TTAB handles these disputes.
Unlike federal courts, the TTAB does not rule on trademark infringement or award damages. Instead, it ONLY determines whether a trademark should or should not be registered or maintained. Understanding what the TTAB does and how to navigate its procedures is critical for brand owners, trademark attorneys, and businesses looking to protect their trademarks.
What Types of Cases Does the TTAB Handle?
The Trademark Trial and Appeal Board (TTAB) hears three types of cases:
- Ex Parte Appeals – If a USPTO examining attorney refuses a trademark application, (via a “final office action”) the applicant may file an appeal the refusal to the TTAB.
- Opposition Proceedings – Once a trademark application is published in the Official Gazette, other parties have 30 days to file an opposition if they believe the mark should not be registered (e.g., it creates confusion with an existing mark).
- Cancellation Proceedings – Even after a trademark is registered, interested parties can file to cancel a registration for reasons like abandonment, fraud, or genericness.
Does the TTAB Hold Trials?
Not in a traditional sense. There is no “judge and jury” at TTAB. Instead, TTAB cases are decided based on written arguments* and evidence—there are no jury trials, no in-person witnesses, and no monetary damages. Instead, the Board reviews legal briefs and evidence before issuing a decision.
*very occasionally, if requested, the TTAB will hear oral arguments.
Where to File TTAB Documents: ESTTA
Parties must submit all TTAB filings through the Electronic System for Trademark Trials and Appeals (ESTTA). This is the official USPTO filing system for:
✅ Filing a Notice of Opposition or Petition for Cancellation
✅ Submitting motions, responses, and legal briefs
✅ Uploading evidence, testimony, and discovery materials
✅ Paying USPTO filing fees and requesting deadline extensions
Always ensure your filings are properly submitted and timestamped!
Tracking Cases and Reviewing Decisions: TTABVUE
TTABVUE is essential for viewing the status of a proceeding. This publicly available database allows users to:
📌 Check the status of TTAB cases and upcoming deadlines
📌 Review past TTAB rulings to understand legal trends
📌 Analyze filings from both parties to refine litigation strategy
Many TTAB cases are not precedential, meaning they don’t formally establish legal precedent. However, they can still provide valuable insights into how the Board interprets trademark law, and can give you great starting points for research.
How a TTAB Case Works: Step-by-Step
1. Filing a Case.
TTAB handles three types of cases:
- Ex Parte Appeals – Must file within three months of a final refusal from the USPTO Examiner.
- Opposition Proceedings – Must be filed within 30 days of a trademark’s publication in the Official Gazette. You can obtain extensions “of right” and “with consent,” as well as “for good cause.”
- Cancellation Proceedings – File these any time after registration, though some claims (e.g., fraud) have specific time limits.
2. Discovery Process
- Both parties exchange documents, written answers, depositions, and “notices of reliance.”
- Disputes over discovery can lead to motions to compel, which parties file through ESTTA. TTAB disfavors discovery disputes, so try and work it out before filing a motion to compel.
3. Submission of Evidence
- The TTAB follows strict evidentiary rules and excludes improperly submitted evidence.
- Evidence such as consumer surveys, expert opinions, and authenticated screenshots must meet Federal Rules of Evidence standards.
4. Final Arguments and Decision
- Both parties submit legal briefs summarizing their case.
- Optional oral arguments (unusual)
- The TTAB issues a written decision
5. Appealing a TTAB Decision
If you lose at the TTAB, you have two appeal options:
- Appeal to the U.S. Court of Appeals for the Federal Circuit (limited to the existing record).
- File a lawsuit in federal district court, where you can introduce new evidence.
Best Practices for TTAB Success
✅ File Early and Meet Deadlines
TTAB deadlines are strict—so don’t miss one! Missing a deadline can result in dismissal or default judgment (meaning YOU LOSE).
✅ Prepare Solid Evidence
The TTAB follows the Federal Rules of Evidence, so make sure your submissions comply with procedural rules. Strong evidence includes:
- Consumer surveys showing likelihood of confusion.
- Authenticated screenshots proving first use in commerce.
- Marketing materials demonstrating branding and consumer recognition.
- Expert opinions supporting your claims.
✅ Don’t Reinvent the Wheel—Search TTABVUE for Similar Cases
Many TTAB decisions are not precedential, but that doesn’t mean they’re useless. Reviewing past rulings can help refine your arguments, find supporting case law, and anticipate counterarguments.
✅ Consider Settlement or Coexistence Agreements
Like all litigation, most TTAB actions settle. If possible, negotiate a resolution that protects your brand while avoiding costly litigation. This could involve:
- A coexistence agreement allowing both trademarks to exist with certain limitations.
- A modification of goods/services descriptions to prevent conflicts between the marks.
✅ Think Ahead to an Appeal
If you lose at the TTAB, be prepared to appeal strategically. Federal Circuit appeals are limited to the existing record, but filing in federal district court allows you to introduce new evidence—which may be crucial in reversing an unfavorable decision.
Need Help with a TTAB Case?
If you have questions about ex parte appeals, oppositions, or cancellations, consult an experienced trademark attorney to help navigate the process– Let’s discuss!
