Trademark disputes before the Trademark Trial and Appeal Board (TTAB) can take time. But that doesn’t mean every day of litigation must be active. Strategic use of suspensions is a powerful way to pause the process for good reason—whether to negotiate settlement, await resolution of a related civil action, or manage a dispositive motion. Yet the Board also makes it clear: suspensions are not free passes. Abusing this procedural tool or offering vague justification can create serious delays, skepticism from the Board, or even denial of future requests.

Understanding when, why, and how to properly request suspension is crucial to managing time and cost in TTAB proceedings. Practitioners who use this tool wisely—and avoid the common pitfalls—are better equipped to serve their clients efficiently while keeping proceedings on favorable footing.

The Purpose of Suspension in TTAB Proceedings

Suspension is a procedural pause that temporarily halts deadlines and the progression of a TTAB case. The TTAB allows for suspensions in several situations, most notably when the parties are actively discussing settlement, when a dispositive motion is pending, or when there is a parallel civil action that could affect the Board’s decision.

Unlike trial courts, the TTAB is an administrative body with no authority to award damages or enforce injunctions. It therefore relies heavily on efficiency and fairness when managing its docket. Suspension requests allow the parties to conserve resources when significant off-the-record developments are expected to impact the case.

TTAB Tips regularly emphasize the importance of communicating with opposing counsel and keeping the Board informed of the status of any underlying situation that justifies suspension. Whether you’re waiting for a court decision, engaging in mediation, or just finalizing settlement terms, clear procedural updates and strategic timing can keep your suspension requests viable and well-received.

Suspension for Settlement Negotiations

Perhaps the most common reason parties request suspension is to pursue settlement. The Board is generally supportive of efforts to resolve disputes without trial, and initial suspensions for settlement purposes are typically granted without issue.

The challenge arises when parties repeatedly request extensions or suspensions without meaningful progress. TTAB Tips caution practitioners that merely stating “settlement discussions are ongoing” may not be sufficient after several months. The Board wants to see forward motion—such as draft agreements exchanged, calls held, or terms resolved—to justify further pauses.

In practice, a brief initial suspension followed by a request for extension—paired with a status update that reflects actual negotiation activity—is the best way to show the Board that the case isn’t being stalled without cause. If too many vague or identical requests are filed, the Board may resume proceedings and set firm deadlines to keep the case on track.

Suspension Due to Civil Litigation

When a related federal court action is underway, particularly one involving trademark infringement, ownership rights, or use in commerce, the TTAB typically suspends its proceeding until the court action concludes or reaches a stage that provides relevant findings.

Suspension due to civil litigation is nearly automatic, provided that the civil case involves overlapping issues or parties. In these cases, the Board defers to the court’s authority and broader jurisdictional power. The suspension stays in place until one of the parties informs the TTAB of the litigation’s resolution or requests resumption based on a development in the court case.

Practitioners should be mindful that it is their responsibility to inform the Board of any court filings or decisions. Failing to update the TTAB can result in missed opportunities to resume or conclude the Board case in line with the litigation outcome. Best practices include attaching court pleadings or docket summaries when making the initial suspension request and promptly providing updates when rulings are issued.

Suspension for Dispositive Motions

The TTAB automatically suspends proceedings upon the filing of a dispositive motion. This includes motions for summary judgment, motions to dismiss, or any filing that—if granted—would dispose of the entire case or key claims or defenses.

Once the motion is filed, all deadlines are paused until the Board decides the motion or issues an order resuming the schedule. There is no need to separately request suspension in these instances. However, practitioners should note that if they file a dispositive motion prematurely—such as before disclosures or in a procedurally improper format—it could be denied, leaving deadlines active and forcing the party to scramble.

The TTAB recommends that dispositive motions be filed only when procedurally appropriate and supported by a full evidentiary record, especially in the case of summary judgment. Parties should prepare as though the motion may not be granted and avoid assuming that a pause in deadlines means a pause in preparation.

Avoiding Abuse or Overuse

While the Board is flexible and generally encourages cooperation between parties, it also sets limits on how far procedural leniency can go. Abusing suspension requests—or treating them as informal extensions—can backfire.

Repeated requests that offer no new information, no progress on settlement, or no justification beyond vague intentions may be denied. Worse, they may reduce the Board’s willingness to grant future accommodations. The TTAB Tips warn that practitioners who fail to show diligence may be locked into rigid schedules later, especially if prior delays have been tolerated too long.

Parties should treat every suspension request as a formal statement to the Board, backed by status updates, clear intentions, and realistic timeframes. When a case is resumed after long suspension, practitioners must be ready to act quickly. There is no automatic right to further delay.

Strategic Use vs. Tactical Stalling

There’s a fine line between using suspension to advance a case’s resolution and using it as a tactic to delay proceedings. The former is often welcomed by both parties and the Board. The latter is closely monitored—and often shut down.

A strategic suspension is one that serves a clear purpose, is time-bound, and is communicated transparently. If you’re using the pause to draft settlement terms, gather outside information, or await a court decision, you’re likely within bounds. But if suspension becomes a default request with no real activity behind it, you risk losing the Board’s confidence—and possibly your procedural advantages.

Savvy practitioners should document every step of negotiation, be prepared to offer briefings or updates when asked, and always frame their suspension requests with the end goal in mind: resolution, not just delay.

Final Thoughts

Suspensions are one of the more flexible procedural tools available before the Trademark Trial and Appeal Board. Used wisely, they can foster settlements, align proceedings with external litigation, or ensure that cases are resolved on solid procedural ground. Used carelessly or excessively, they can invite Board scrutiny, lead to denials, or leave a party unprepared for resumed litigation.

As TTAB Tips have made clear, the Board appreciates efficiency, transparency, and purposeful advocacy. Practitioners who understand how and when to hit “pause”—and when to move forward—are better positioned to manage their caseload and deliver client success in an often rigid administrative environment.