TTAB matters
We represent businesses and brand owners before the Trademark Trial and Appeal Board, whether you’re opposing a conflicting application, defending your registration or appealing a refusal.
About our TTAB matters
The Trademark Trial and Appeal Board (TTAB) is the body within the USPTO that decides disputes over the right to register a trademark.
Our firm can represent applicants and trademark owners in TTAB matters, including:
The TTAB decides whether a mark can be registered, not whether it can be used. Many disputes can be resolved before trial through negotiated agreements or amended applications. We weigh your business goals and the strength of your position before recommending whether to oppose, negotiate or proceed.
TTAB deadlines are short. An opposition must be filed within 30 days of a mark’s publication unless an extension is requested, so schedule a consultation as soon as you spot a conflicting filing.
Your patent attorney
A Registered Patent Attorney licensed to practice law in California and to represent inventors and companies before the USPTO. Before becoming an attorney, he worked as a process engineer at Intel, then moved to Intel's legal department for patent licensing and prosecution.
FAQ
General information, not legal advice for your situation.
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30 days from the mark’s publication in the USPTO’s Official Gazette. Extensions can be requested, up to 180 days from publication in total, but the first request must be filed within that initial 30 days.
An opposition challenges an application before it registers. A petition to cancel challenges a registration that has already issued. After a registration is five years old, the grounds for cancelling it become more limited.
No. The TTAB only decides whether a mark can be registered. Stopping someone from using a mark requires a lawsuit in court.
A fully contested case can take a year or more. Many end sooner through settlement, coexistence agreements or amended applications.
After a final refusal, you can ask the examining attorney to reconsider, appeal to the TTAB, or both. The appeal must be filed within the time allowed to respond to the refusal, generally three months, extendable once for an extra three months for a fee. On appeal, the TTAB reviews the examiner’s decision, and many refusals are overturned or resolved by amending the application.
U.S.-based businesses can represent themselves, but TTAB proceedings follow court-like rules for evidence, discovery and briefing, and deadlines are strict. Applicants and registrants based outside the U.S. must be represented by a U.S.-licensed attorney.
Schedule a consultation to discuss your TTAB matter.