Litigators accustomed to district court battles often bring their experience and instincts to proceedings before the Trademark Trial and Appeal Board. While trial advocacy and civil litigation principles remain helpful, many overlook one critical resource that can make or break a TTAB case—the Trademark Trial and Appeal Board Manual of Procedure (TBMP).

Despite being freely accessible and heavily cross-referenced in Board decisions, the TBMP is often skimmed, not studied. That’s a costly mistake. TTAB proceedings are governed by their own unique procedures, timelines, and evidentiary rules. Failing to understand them can lead to rejected filings, waived rights, and lost cases. For trademark litigators, especially those new to the Board, the TBMP is not just a reference guide—it’s a rulebook, a playbook, and a roadmap.

More Than a Manual: The TBMP as a Procedural Framework

The TBMP is published by the USPTO’s Office of the Chief Administrative Trademark Judge and is continuously updated to reflect evolving TTAB case law, rule changes, and practice expectations. It’s organized by topic, from initiation of proceedings to final decision and appeal. Each section links statutory sources (like the Trademark Act and 37 C.F.R.) with real-world application.

This manual is not binding law, but the Trademark Trial and Appeal Board routinely cites it in rulings, and practitioners are expected to know its contents. In fact, many TTAB Tips reinforce specific sections of the TBMP, referencing them in orders about default, discovery disputes, or briefing requirements. Ignoring the TBMP can lead to fatal errors—particularly in cases involving procedural deadlines, admissibility of evidence, or motion practice.

The TBMP Is Where Strategy Begins

Successful TTAB practice is often about knowing the timing, scope, and procedural posture of your case. The TBMP outlines, for instance, when and how to file a motion to amend, the correct way to introduce third-party registrations into the record, or what to do if your opponent misses a deadline.

A classic example involves trial evidence. Litigators from federal court may assume they can attach exhibits to a brief or introduce evidence informally. But under TTAB rules, unless evidence is properly submitted during the appropriate window—such as through notices of reliance, declarations, or stipulated records—it won’t be considered. The TBMP spells this out in exact terms, including what forms of Internet evidence are acceptable and what must be included for authenticity.

Similarly, discovery under the TBMP includes strict limitations on the number of interrogatories and requests. It also provides guidance on serving disclosures, responding to motions to compel, and resolving disputes without sanctions. The manual even addresses scenarios that aren’t obvious—like whether a party can move for summary judgment before initial disclosures or what happens if a notice of opposition is filed prematurely.

Efficiency and Credibility Before the Board

Reading and applying the TBMP doesn’t just improve procedural accuracy—it increases credibility. The Trademark Trial and Appeal Board operates under a heavy caseload. When practitioners file motions citing the appropriate TBMP sections and procedural precedent, they demonstrate professionalism, preparedness, and respect for the Board’s processes.

Conversely, filing motions that ignore TTAB procedures wastes time and irritates Interlocutory Attorneys. A motion to compel filed before a good-faith meet-and-confer, or a trial brief that includes new evidence, is more likely to be denied outright. Worse, it may cost the client the opportunity to prove a claim.

The TBMP also helps attorneys distinguish between what the Board can and cannot adjudicate. The TTAB does not handle infringement, damages, or common law rights outside the registration context. Lawyers who include infringement allegations in a petition or answer will often face a motion to strike or an order to amend. The TBMP makes this limitation clear, preventing wasted effort.

A Practical Example: Avoiding Default and Reinstatement Pitfalls

One area where the TBMP is frequently misunderstood involves default judgment. A party who misses an answer deadline risks default, but the TBMP outlines the proper way to seek relief—through a motion showing good cause. The standard is not excusable neglect but rather whether the delay was not willful, there’s no prejudice to the opposing party, and the case has merit.

What some practitioners don’t realize is that a mere informal communication, like an email or voicemail, does not count as a proper request for extension or reinstatement. The TBMP describes exactly what must be filed, by when, and what justifications are acceptable. Litigators who haven’t read this guidance often lose on avoidable procedural grounds.

Adapting to TTAB’s Evolving Procedures

These TTAB Tips offer a clear message: the Board expects attorneys to be fluent in its procedures. These tips reinforce best practices that are already well covered in the TBMP, including how to manage service of process, when to suspend proceedings, and how to structure discovery plans.

Because TTAB rules evolve, relying on memory or past experience isn’t enough. The TBMP is updated more frequently than many practitioners assume, and failure to check the current version can result in outdated procedural assumptions. For example, service rules changed significantly in 2017, but many litigators still cite older practice.

Moreover, new editions of the TBMP increasingly incorporate Board feedback from frequent practitioner errors. When attorneys collectively misuse a rule, the USPTO often responds by updating the TBMP to clarify or expand that section. By reading the manual regularly, litigators stay ahead of curve—not behind it.

Why Rookies and Veterans Alike Should Revisit the TBMP

Even experienced TTAB attorneys benefit from returning to the TBMP. It’s easy to become comfortable with standard motions or assume the procedure hasn’t changed. But the Board’s expectations continue to evolve with technology, case volume, and legal complexity.

For new attorneys, the TBMP is an invaluable resource for learning how the TTAB functions—one that can’t be replaced by templates or secondhand advice. For veterans, it’s a check against complacency. When used proactively, the TBMP can improve strategy, strengthen arguments, and save time.

Final Thoughts

Winning before the Trademark Trial and Appeal Board isn’t just about making the right arguments—it’s about following the right process. The TBMP is the blueprint for that process, and it should be treated as essential reading for anyone practicing before the Board.

Incorporating the TBMP into regular litigation practice is more than just smart—it’s professional. And as repeated TTAB Tips have shown, those who take the time to read and apply it will consistently avoid common pitfalls, gain credibility before the Board, and improve outcomes for their clients.