Change in the First Defense Deadline in the Trial and Appeal Board (TTAB) Case Procedure in the United States

TTAB has decided to extend the deadline for the first defense in its trial procedure from 40 days to 60 days. This adjustment applies to the trademark opposition procedure (oppositions) and the requests to cancel registration procedure (requests to cancel) under TTAB review.

This change will officially take effect for TTAB institution orders issued on or after September 4, 2025. The TTAB filing decision is a legal document issued to the parties involved to initiate the case.

Background description

When TTAB initiates the trial procedure, it must issue a filing decision to establish the trial procedure to the parties involved. The document contains a complete schedule for the trial, including the deadline for the defense. In previous practice, the deadline for the first defense was fixed at 40 days.

Given that the United States is a member of the Madrid Protocol on the International Registration of Marks, this international treaty aims to simplify the process of international trademark registration. According to Article 17 (2) (vii) of the Madrid Regulation Rules, the deadline for responding to trademark objections shall not be less than 60 days.

In order to unify international procedural expectations and optimize the consistency of expectations and docket management process, TTAB has adjusted the defense deadline to 60 days accordingly.