Success at the Trademark Trial and Appeal Board (TTAB) often hinges not just on the strength of your legal position, but on how effectively you present that position in writing. The TTAB is a written forum by design, which means your brief is not just a formality—it is your trial. Every argument, every fact, and every citation lives or dies on the page.

Given that there is no live testimony and no jury, your TTAB brief must do more than summarize the law—it must persuade the Board within the rigid framework of administrative procedure. The structure, substance, and style of your brief are not window dressing; they are integral components of advocacy before the Board. For attorneys who want to win more TTAB cases, the first place to sharpen their skills is on the page.

Structuring the Argument: Where Clarity Begins

One of the most frequent pieces of advice offered in TTAB Tips is to organize briefs in a manner that mirrors the issues raised in the proceeding. Whether you’re responding to a likelihood of confusion refusal in an ex parte appeal or arguing priority in an opposition, the Board expects you to track the relevant legal framework—such as the DuPont factors—in a coherent and logical way.

A well-structured brief begins with a concise statement of the case, giving the Board a clear understanding of what’s at stake and why. It continues with a statement of the issues, followed by a factual background that is tethered to admissible evidence already in the record. After the facts, you must set forth your legal analysis—clearly labeled, with each issue addressed in turn, and all claims supported by proper citations to both case law and the TTAB record.

Importantly, TTAB judges read hundreds of briefs per year. Dense, unfocused writing is not just ineffective—it’s counterproductive. A winning brief respects the reader’s time and directs attention where it matters most.

Substance Is King: The Role of Evidence and Authority

Even the most eloquent brief cannot compensate for weak evidence or irrelevant law. The TTAB is a fact-driven tribunal, and it is extremely precise about what constitutes evidence of record. If you cite to documents that were not properly introduced—such as third-party registrations attached as exhibits without a notice of reliance—the Board will ignore them.

That’s why, before writing a single paragraph, practitioners must ensure that the facts they rely on have been properly made part of the record. As emphasized in multiple TTAB Tips, assumptions or arguments based on evidence “floating around” but not formally submitted will not be considered.

Moreover, the Board expects precision in your use of precedent. While the TTAB does not have the same stare decisis force as federal appellate courts, it closely tracks its own decisions and follows controlling case law from the Court of Appeals for the Federal Circuit. Citing persuasive TTAB rulings from similar cases can be effective, but they must be directly relevant—not simply offered for general principles.

Your legal analysis should apply the facts of your case to the proper legal standard—not the other way around. Avoid overgeneralizing. The TTAB values logical progression, where each conclusion builds from the previous one and ties directly to the evidence submitted.

Style as Strategy: Making Your Brief Readable and Persuasive

Although legal writing before the TTAB must be formal and respectful, that doesn’t mean it should be bland. Style matters, especially in a forum where the only way to advocate is on paper. A brief written with clarity, conciseness, and purpose will always stand out.

Use active voice and direct sentence structure. Eliminate unnecessary legalese. Avoid long, winding paragraphs that bury key points. Instead, drive each argument with a strong topic sentence and follow with direct support.

Another stylistic element that sets apart winning briefs is tone. The Board is not swayed by bombastic language or rhetorical flourishes. Attacking opposing counsel or engaging in inflammatory rhetoric often backfires. The TTAB appreciates professionalism and restraint, and your credibility as a writer can influence how your arguments are perceived.

Effective persuasion also involves using the Board’s own language when appropriate. If prior TTAB decisions have used particular phrasing to describe a likelihood of confusion or descriptiveness analysis, consider incorporating that terminology when it fits your argument. It shows familiarity with Board precedent and helps frame your position in recognizable terms.

Tailoring to the TTAB’s Unique Format

Because the Trademark Trial and Appeal Board functions differently than federal courts, briefs must conform not only to legal standards but also to TTAB-specific procedural rules. The page limits, formatting requirements, and evidence rules outlined in the TBMP (Trademark Trial and Appeal Board Manual of Procedure) are not optional.

For example, in an inter partes case, the final brief must be no more than 55 pages for the main brief and 25 pages for a reply. Exceeding these limits, using improper formatting, or including exhibits in the brief itself may result in the brief being stricken or disregarded.

Moreover, the Board appreciates when parties use headings, citations, and record references correctly and consistently. Citations to the record should include the appropriate TTABVUE docket number and page. This is especially important because the judges will refer to the electronic case file when reading your brief. If your citations are vague or inaccurate, you’re forcing the Board to do unnecessary work—and that rarely works in your favor.

Timing Is Everything

Submitting a brilliant brief too late is as bad as submitting a weak one on time. TTAB deadlines are strict and missing them can forfeit your right to be heard. Once your trial period closes, you cannot introduce new evidence. Once briefing deadlines pass, you may be unable to raise new arguments or cure procedural defects.

That’s why effective TTAB practitioners begin planning their final briefs early—often before the close of the testimony period. The strongest briefs are not rushed responses but carefully built arguments that evolve alongside the case record.

Final Thoughts: Writing to Win at the TTAB

Writing a winning TTAB brief requires more than knowing the law. It demands precision in structure, strength in substance, and polish in style. The TTAB Tips consistently reinforce this: success comes to those who follow procedure, think strategically, and respect the written nature of the forum.

Whether you’re handling an ex parte appeal or an opposition proceeding, your brief is your voice. Make it clear, make it persuasive, and above all—make it count.