In any litigation setting, deadlines are critical — and proceedings before the Trademark Trial and Appeal Board (TTAB) are no exception. Missing a deadline can derail your case, lead to the exclusion of evidence, or even result in a default judgment. Fortunately, the TTAB’s procedural rules allow for extensions of deadlines and suspensions of proceedings when certain conditions are met. One of the most practical ways to manage these adjustments is through stipulations between the parties.
Understanding how stipulated suspensions and extensions work — and how to use them strategically — can make a significant difference in the outcome of your case. This guide will explain the fundamentals, highlight common pitfalls, and offer TTAB tips for managing your timeline effectively.
What Are Stipulated Suspensions and Extensions?
A stipulated suspension is an agreement between the parties to pause the case for a specified period. This is often used when settlement discussions are underway, when the parties are negotiating discovery issues, or when other circumstances outside the immediate litigation require attention.
An extension, by contrast, does not pause the case entirely but moves a specific deadline — such as a discovery response due date, an answer to a complaint, or the close of a testimony period — to a later date.
In TTAB practice, both suspensions and extensions can be either stipulated (agreed to by both sides) or contested (requested by one party over the other’s objection). Stipulated requests are generally easier to obtain because they demonstrate cooperation and reduce the need for Board intervention.
Why the TTAB Allows Them
The Trademark Trial and Appeal Board recognizes that trademark disputes are often resolved through negotiation rather than full litigation. Allowing parties to pause proceedings or extend deadlines can save time, conserve resources, and potentially lead to an amicable resolution without the need for trial.
However, the Board is also committed to avoiding unnecessary delays. While it is liberal in granting stipulated suspensions and extensions, especially early in the case, it will scrutinize repeated or lengthy requests more closely — particularly when the case has been pending for years without resolution.
When to Use a Stipulated Suspension
One of the most common scenarios for a stipulated suspension is during settlement discussions. If both parties agree to explore a resolution, suspending the case prevents deadlines from expiring while negotiations take place. This avoids the risk of expending time and money on discovery or trial preparation that might become unnecessary if the case settles.
Suspensions are also useful when a related legal proceeding — such as a federal court case or another TTAB matter involving the same parties — is ongoing. In such cases, pausing one matter until the other is resolved can prevent inconsistent outcomes and reduce duplicative work.
When an Extension Is the Better Choice
Extensions are generally preferred when you need more time to meet a specific deadline but do not want or need to halt the entire proceeding. For example, if you are gathering documents to respond to discovery requests and need an additional 30 days, a stipulated extension can provide the breathing room you need without freezing the rest of the case.
Similarly, extensions can be useful when coordinating the schedules of witnesses or attorneys during the testimony period. They allow for flexibility while keeping the overall case on track.
The TTAB’s View on Multiple Requests
While the TTAB is understanding of occasional scheduling adjustments, it is not sympathetic to endless delays. Multiple stipulated suspensions or extensions may raise concerns that the case is being stalled unnecessarily. If you find yourself requesting repeated adjustments, the Board may require evidence of active settlement discussions or other good cause for continued delays.
One TTAB tip is to document the reasons for your requests and, where possible, demonstrate progress toward resolution. This can help maintain the Board’s goodwill and increase the likelihood of approval.
How to Properly File a Stipulated Request
The TTAB strongly encourages the use of ESTTA (Electronic System for Trademark Trials and Appeals) for filing stipulated suspensions and extensions. Using the designated ESTTA forms for consented motions to extend or suspend ensures faster processing and, in many cases, automatic approval.
Your filing should clearly state:
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That the request is stipulated (consented to by both parties).
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The specific deadline or deadlines affected.
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The length of the requested suspension or extension.
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The reason for the request (e.g., settlement discussions, discovery issues, related litigation).
Although the TTAB does not require parties to file a detailed account of their negotiations, a brief explanation helps justify the request and signals to the Board that the delay is purposeful rather than frivolous.
Risks of Informal Agreements
One of the most common mistakes in TTAB practice is relying on informal agreements between counsel without documenting them in writing or filing them with the Board. While cooperation between attorneys is encouraged, the TTAB enforces only formal, filed stipulations. If one party later denies having agreed to an extension or suspension, the Board will follow its docketed deadlines, potentially leaving you in default.
For this reason, another key TTAB tip is to always formalize and file your stipulations through ESTTA, even when both parties have an amicable working relationship.
Strategic Considerations
When deciding whether to request a stipulated suspension or extension, consider the stage of the case and your broader legal strategy. Early in the proceedings, a suspension for settlement may save significant resources. As trial dates approach, an extension might provide the time needed to prepare stronger evidence or witness testimony.
Also, be mindful of how repeated delays might appear to the Board. A pattern of frequent requests without demonstrable progress can damage credibility and make it harder to obtain future accommodations.
The Bottom Line
In the world of TTAB litigation, stipulated suspensions and extensions are valuable tools for managing case timelines effectively. Used strategically, they can provide the space needed to negotiate a settlement, resolve discovery disputes, or coordinate complex scheduling without sacrificing your client’s position.
The key is to approach them with the same professionalism as any other filing: document the agreement, explain the need, and file it properly through ESTTA. By doing so, you will not only comply with procedural rules but also preserve the Board’s goodwill — which can be just as important as winning a motion.
For practitioners seeking to refine their approach, remembering these TTAB tips will help ensure that stipulated adjustments work for you, not against you.