When it comes to proceedings before the Trademark Trial and Appeal Board (TTAB), deadlines are everything. The Board’s schedule is tight, its procedural rules are unforgiving, and its preference for orderly case management is well established. Yet in the real world, even the most diligent trademark owner or counsel can miss a filing deadline—whether due to a calendaring error, communication breakdown, or unexpected life event.

This article explores the consequences of missing a deadline in a TTAB case—particularly in the context of inter partes proceedings like oppositions and cancellations—and outlines legitimate avenues to seek recovery, based on established TTAB practice and insights drawn directly from official TTAB Tips.

What Happens When You Miss a Deadline at the TTAB

Missing a deadline before the Trademark Trial and Appeal Board doesn’t always lead to disaster, but it’s never without consequence. The most common missed deadline is the due date for filing an answer to a Notice of Opposition or Petition to Cancel. If a defendant fails to respond by the assigned date, the TTAB may issue a Notice of Default approximately ten days later.

While a default does not immediately result in judgment, it triggers a procedural chain reaction. If the defendant takes no action after receiving the Notice of Default, the Board may enter judgment in favor of the plaintiff, effectively ending the case and resulting in loss of rights—such as blocking registration of a trademark or canceling an existing one.

In the context of other deadlines—like discovery responses, pretrial disclosures, or briefing schedules—missing a due date can compromise procedural rights and, in some cases, prevent the introduction of key evidence or arguments.

The Standard for Relief: Good Cause vs. Excusable Neglect

Rescuing a TTAB case after missing a deadline depends on timing. If the party acts before the deadline passes, they may request an extension by showing “good cause.” This is a relatively flexible standard and is often granted, especially when the reason is settlement discussions or scheduling conflicts.

However, once the deadline has passed, the standard becomes much stricter. The party must demonstrate “excusable neglect,” which is a higher bar. The TTAB evaluates excusable neglect using the test established in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership. This test considers the danger of prejudice to the opposing party, the length and impact of the delay, the reason for the delay (and whether it was within the reasonable control of the party), and whether the party acted in good faith.

Among these factors, the reason for the delay carries significant weight. If the reason is flimsy—like simple forgetfulness—the Board is unlikely to be lenient. On the other hand, delays caused by illness, natural disasters, or credible system failures may warrant leniency if promptly addressed.

How to Respond to a Notice of Default

Receiving a Notice of Default can be unnerving, but it is not an automatic loss. The TTAB is generally willing to grant relief from default if the defendant files a motion that explains the circumstances and includes the proposed answer. This motion should be filed as soon as possible, ideally before the Board enters judgment.

According to the TTAB Tips, it is advisable for a party in default to first reach out to the opposing counsel to seek consent for late filing. If the plaintiff agrees, the parties can jointly stipulate to accept the late answer and reset the schedule. The Board typically favors cooperation and may even encourage the plaintiff to avoid seeking default judgment unless there is significant prejudice or willful misconduct involved.

If consent is not obtained, the defendant should file a motion to set aside default under Federal Rule of Civil Procedure 55(c), citing excusable neglect and attaching the answer. This proactive step often prevents final judgment and reopens the case for full consideration on the merits.

Avoiding Default: Practical Safeguards and Pro Tips

While it is possible to recover from a missed TTAB deadline, prevention remains the best strategy. Practitioners should carefully calendar all deadlines and docket them with reminders well in advance. This includes not only answers but all procedural events such as disclosures, motions, and trial briefs.

It is also important to monitor case updates in TTABVUE, the Board’s electronic docket system. TTAB Tips emphasize that the Board relies almost entirely on electronic communication, and any failure to monitor emails or docket alerts could lead to missed filings and unintentional default. Parties should ensure their email addresses are up to date and that USPTO correspondence is not routed to spam folders.

In cases where settlement negotiations are active, many parties mistakenly assume that formal deadlines no longer apply. However, as clarified in the TTAB Tips, ongoing discussions do not excuse missed filings unless the Board has approved a suspension or extension. Therefore, if parties are engaged in talks, they should submit a consented motion to suspend proceedings and clearly state the basis for the request.

When Recovery Isn’t Possible

There are scenarios where the TTAB will deny a motion to reopen. For instance, if the delay is lengthy, unexplained, and caused by neglect rather than true hardship, the Board is unlikely to show leniency. Additionally, repeated late filings—even with explanation—can erode credibility and lead the Board to view the party as acting in bad faith or showing a pattern of disregard for the rules.

Moreover, if a plaintiff fails to take necessary actions—such as introducing evidence during their trial period—and then misses the deadline to extend or reopen, the Board may issue judgment immediately without a full hearing. The TTAB Tips warn that plaintiffs, in particular, face steeper consequences for missed trial dates because they carry the burden of proof.

Final Thoughts: A Case Isn’t Over Until It’s Over

Deadlines before the Trademark Trial and Appeal Board are not just procedural checkboxes—they’re gateways that determine whether a case lives or dies. But even if a deadline is missed, practitioners still have viable options to revive a case, provided they act swiftly, explain their actions convincingly, and demonstrate good faith.

TTAB Tips consistently show that the Board prefers to decide cases on their merits, not on technical defaults. With prompt and honest engagement, and by using the TTAB’s own procedural rules as a guide, parties can often correct a lapse and move their case forward.

Still, the best cure for default is prevention. Maintain a clear docket, communicate proactively with opposing counsel, and don’t assume the TTAB will be forgiving. Respect the Board’s procedures, stay organized, and when in doubt—file early.