Understanding the Stakes at the TTAB

When it comes to protecting your brand, precision is everything. The Trademark Trial and Appeal Board (TTAB) is the administrative tribunal of the U.S. Patent and Trademark Office (USPTO) that handles trademark oppositions, cancellations, and appeals. A single procedural mistake, a missed filing deadline, incomplete service, or inaccurate pleading can undo months or even years of effort in securing your trademark rights.

At Cohn Legal, PLLC, we often see entrepreneurs underestimate the formality of TTAB proceedings. While it may appear to be just another online filing, each TTAB submission operates under strict federal rules. Understanding how to avoid common missteps ensures that your case is properly presented and your brand remains fully protected.

Mistake 1: Missing Filing Deadlines

TTAB proceedings move on a strict schedule. Whether you are filing a Notice of Opposition, a Petition for Cancellation, or an Answer, every deadline is legally binding. Missing even one can lead to default judgment or dismissal of your case.

Many business owners mistakenly assume that the USPTO will issue reminders before deadlines, it won’t. The TTAB expects all parties to monitor their cases through the TTABVUE system and calendar every deadline manually. If you miss a filing date, it’s critical to act immediately by filing a motion to reopen or to set aside default, explaining your reason under the “excusable neglect” standard.

In the world of brand protection, timing is strategy. A well-timed filing can preserve your rights; a delayed one can erase them.

Mistake 2: Using the Wrong Filing Portal

One of the simplest yet most damaging errors is filing a TTAB document through the wrong USPTO system. The TTAB uses the Electronic System for Trademark Trials and Appeals (ESTTA), not the Trademark Electronic Application System (TEAS). TEAS is for applications; ESTTA is for disputes.

If a Notice of Opposition or Petition for Cancellation is mistakenly submitted through TEAS, it will not be processed, and the filing date will not be preserved. That lost day could mean the difference between a valid opposition and a mark proceeding to registration uncontested.

Before clicking “Submit,” ensure you are in the right portal or consult a trademark attorney who manages TTAB filings daily.

Mistake 3: Failing to Serve the Other Party Properly

TTAB filings are not automatically served on the opposing party by the Board. The responsibility falls entirely on you. Every filing must include proof of service showing that a copy was sent to the other party by an approved method usually by email, unless otherwise stipulated.

If your pleading lacks proof of service, the Board may refuse to institute your case or may strike your filing entirely. Proper service isn’t just a formality; it’s a foundational due process requirement that ensures fairness and notice in every proceeding.

Mistake 4: Inadequate Pleadings

Your Notice of Opposition or Petition for Cancellation must clearly set forth valid legal grounds. Many pro se (self-represented) filers include arguments better suited for infringement cases, such as unfair competition or consumer confusion damages. However, the TTAB’s jurisdiction is limited to the right to federal registration, not marketplace use or monetary relief.

A well-crafted pleading focuses on statutory grounds such as likelihood of confusion, descriptiveness, or fraud with precise factual allegations. Ambiguous or irrelevant claims can result in a motion to dismiss or motion to strike, both of which waste time and weaken your credibility before the Board.

Working with counsel experienced in TTAB litigation ensures your claims meet federal procedural standards and stay within the Board’s jurisdictional scope.

Mistake 5: Not Preserving Evidence Properly

Evidence at the TTAB is highly procedural. The Board only considers evidence properly made of record meaning introduced through acceptable methods such as testimony depositions, notices of reliance, or stipulations. Attaching exhibits to briefs, for example, doesn’t make them evidence.

Many parties mistakenly believe that materials filed with the USPTO (like application documents or correspondence) automatically count as evidence. They do not, they must be formally introduced during the trial phase.

Failing to make evidence part of the record means the Board cannot consider it, even if it’s crucial to your case. That’s why careful evidentiary planning from the outset is essential.

Protecting Your Brand Through Precision

TTAB proceedings are often underestimated. They require a balance of litigation strategy and procedural discipline. Missing a deadline, using the wrong system, or overlooking service requirements can mean losing the opportunity to protect your trademark at the federal level.

At Cohn Legal, PLLC, we guide clients through every phase of TTAB litigation from opposition filings and discovery to summary judgment and appeal. We believe that protecting your brand is not just about winning a case; it’s about ensuring every detail is done right.

Your brand is everything. Protect it forever and always.