Introduction

If you’re navigating a trademark opposition or cancellation before the Trademark Trial and Appeal Board (TTAB), motions will almost certainly play a role in your case. Motions are the procedural tools that shape how a dispute unfolds, from requesting more time to compelling discovery responses to asking the Board to dismiss a case altogether. Mastering motions before the TTAB is essential for startups, entrepreneurs, and established businesses alike. After all, your brand is everything, and the ability to effectively file, respond to, and defend against motions can make or break the protection of that brand.

At Cohn Legal, PLLC, we believe in simplifying these complex procedures so you can focus on building your dream business. Let’s explore how motions work at the TTAB and share practical tips for approaching them with confidence.

What Are Motions at the TTAB?

Motions are formal requests for the Board to take a specific action in your case. Unlike informal letters or phone calls, a motion is part of the record and must comply with the TTAB’s rules. Common types of motions include:

  1. Motions to dismiss (arguing the case should not proceed because the complaint is legally insufficient).

  2. Motions to compel (forcing the other side to answer discovery requests).

  3. Motions to strike (removing improper claims, defenses, or evidence).

  4. Motions for summary judgment (arguing no trial is necessary because the facts are undisputed).

  5. Motions to extend or reopen deadlines (asking for more time).

Each of these has specific requirements and deadlines. Filing incorrectly or too late can seriously harm your case .

Timing Is Everything

One of the most important aspects of TTAB motion practice is timeliness. For example, under TTAB rules, the response period for most motions is 15 days from the date of service (plus 5 days if served by mail) . Miss that deadline, and the motion could be granted by default.

Practical tip: Always calendar TTAB deadlines immediately. If you need more time, file a motion for extension before the deadline expires. Once a deadline passes, you’ll need to show “excusable neglect,” which is much harder to prove.

Focus on Facts, Not Fluff

When drafting a motion, concentrate on the facts that support your position rather than overloading the Board with unnecessary legal citations. The TTAB judges are already familiar with trademark law. What they need to see is why the specific facts of your case justify the relief you’re requesting .

For example, if you’re moving to strike an opposing party’s affirmative defense, point directly to why that defense is legally insufficient in this context. If you’re seeking summary judgment, identify the undisputed facts with clarity, supported by the record.

Be Careful With Boilerplate Defenses

It’s common to see defenses like “failure to state a claim” or “laches” inserted automatically into answers. However, TTAB practice warns against this. Such defenses often invite motions to strike and can backfire .

Instead, carefully consider which defenses truly apply to your case. If you include one, be prepared to back it up with evidence later.

Settlement and Suspensions

Settlement talks often overlap with motion practice. For example, parties may file a motion to suspend proceedings while they negotiate. The TTAB is generally liberal in granting suspensions for settlement discussions, but it does expect progress. If years go by with only occasional talks, the Board may deny further extensions .

Practical tip: Keep a paper trail of settlement discussions. This makes it easier to show good cause if you need additional time and prevents misunderstandings with your opponent.

Discovery Disputes and Motions to Compel

Discovery is often the most contentious stage of a TTAB case. If the other party refuses to provide information, you may need to file a motion to compel. But before you do, you must demonstrate a good faith effort to resolve the dispute .

That means documenting emails, letters, or phone calls showing you tried to work things out before turning to the Board. Without this evidence, your motion may be denied.

Also remember: a motion to compel must be filed before the close of discovery, while a motion to compel initial disclosures must be filed earlier. Timing, again, is crucial.

Summary Judgment Motions

Motions for summary judgment can be powerful, but they’re not easy to win. The Board will only grant them if there are no genuine disputes of material fact. If you move for summary judgment, ensure your evidence is rock solid and that your claims were properly pleaded .

One pro tip: Always include proof of standing. For example, if you are claiming likelihood of confusion, submit evidence of your valid federal registration. Without standing, your motion may fail even if the facts are otherwise compelling.

The Power of Accelerated Case Resolution (ACR)

An alternative to drawn-out motion practice is Accelerated Case Resolution (ACR). This procedure allows parties to streamline their case, sometimes by agreeing to let the Board decide based on summary judgment briefs and evidence. ACR can save both time and money while still resulting in a binding decision .

Startups and small businesses often benefit from this approach, as it allows them to protect their brand efficiently without draining resources.

Best Practices for Filing and Responding to Motions

  1. Always serve the other side. Proof of service must be included with your filing.

  2. File through ESTTA. The TTAB’s electronic system ensures timely submission.

  3. Be precise. Vague motions waste time and invite denial.

  4. Anticipate opposition. Think through how the other side will respond and address those arguments upfront.

  5. Stay professional. Motion practice can get heated, but professionalism builds credibility with the Board.

Why Motion Practice Matters for Entrepreneurs

For business owners, motion practice might sound like tedious legal wrangling. But make no mistake: these filings can determine whether your competitor’s trademark application moves forward, whether your own registration survives a challenge, or whether your brand gets knocked out of contention entirely.

By handling motions strategically, you’re not just checking procedural boxes, you’re safeguarding the foundation of your business. Your brand is everything, and every motion is a chance to strengthen that protection.

Conclusion

Mastering motions before the TTAB requires more than just legal knowledge, it requires timing, strategy, and clarity. Whether you’re opposing a competitor’s trademark, defending your own registration, or exploring settlement options, effective motion practice can make all the difference.

At Cohn Legal, PLLC, we specialize in guiding startups and entrepreneurs through TTAB proceedings with precision and care. Think big, create boldly, and protect your brand forever and always.

If you’re facing a TTAB opposition or cancellation and need strategic support, we invite you to reach out for a free consultation with one of best Trademark Lawyers. Let’s simplify this process together.