Trademark Trial and Appeal Board
(TTAB) matters

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.