The Trademark Trial and Appeal Board (TTAB) plays a crucial role in resolving disputes related to federal trademark registration. While Administrative Trademark Judges often receive much of the attention, one of the most influential — yet less publicly recognized — groups within the Board are the Interlocutory Attorneys. These professionals serve as the backbone of many inter partes proceedings, managing complex procedural issues, overseeing motion practice, and ensuring that TTAB cases progress efficiently and fairly. If you’re navigating an opposition or cancellation action, understanding the role of Interlocutory Attorneys can offer valuable TTAB tips to improve your litigation strategy.
Who Are the Interlocutory Attorneys?
Interlocutory Attorneys at the TTAB are experienced trademark attorneys employed by the U.S. Patent and Trademark Office (USPTO). Their primary responsibility is to handle contested pre-trial motions, discovery disputes, scheduling issues, and other procedural matters in inter partes cases. Unlike the judges who render final decisions on the merits of a case, Interlocutory Attorneys function more like magistrates. They manage the pre-trial landscape, issue orders, and help move the case toward resolution, either through trial or settlement.
What sets them apart is their close involvement with the day-to-day procedural aspects of TTAB litigation. Each inter partes case that proceeds beyond the initial pleadings is generally assigned to both an Interlocutory Attorney and a paralegal. While the paralegal manages filings and docketing, the Interlocutory Attorney serves as the key decision-maker on pre-trial matters.
Why Their Role Matters in Inter Partes Proceedings
Inter partes proceedings, such as oppositions and cancellations, can become procedurally complex. Motions to dismiss, motions to strike, extensions, suspensions, and discovery-related filings are common. Interlocutory Attorneys handle the vast majority of these motions. Their orders can affect the timing, scope, and even the viability of your case.
For example, if a party files a motion to compel discovery responses, an Interlocutory Attorney will evaluate whether the requesting party made a good-faith effort to resolve the dispute. If a party misses a deadline and seeks an extension, that too will be evaluated for excusable neglect or good cause. These decisions, while technically “interlocutory,” can significantly impact the outcome of the case.
Thus, mastering TTAB tips often means understanding how to present your motions and procedural filings in a manner that resonates with Interlocutory Attorneys — clear, well-supported, and compliant with TTAB rules.
Responsibilities and Powers
The authority of Interlocutory Attorneys is substantial in the pre-trial phase. Their responsibilities include:
- Ruling on contested and uncontested motions such as motions to dismiss, motions to compel, motions for protective orders, and motions to strike.
- Approving consented motions for extensions, suspensions, and other procedural agreements.
- Conducting Board participation in the discovery conference when requested by at least one party.
- Issuing orders related to attorney withdrawals, substitution of parties after assignment or merger, and joinder requests.
- Managing the case’s progression by resetting dates, suspending proceedings, or calling for clarification when needed.
They often act with final authority on these procedural issues, and their orders are not appealable to the full Board until a final decision is rendered. This makes them powerful gatekeepers of process and procedure.
How to Interact with Interlocutory Attorneys
Direct communication with Interlocutory Attorneys is limited. They do not generally accept emails unless specifically instructed. Most interaction occurs through written filings submitted via ESTTA (Electronic System for Trademark Trials and Appeals). However, telephone conferences may be scheduled in certain cases, especially when requested by the parties to resolve discovery disputes or facilitate a smoother case management plan.
When participating in a conference, being prepared and respectful is essential. Board attorneys expect practitioners to understand the relevant rules and precedents, and they place high value on cooperation and professionalism. A well-reasoned argument supported by TBMP (Trademark Trial and Appeal Board Manual of Procedure) citations is more persuasive than a broad, emotional appeal.
Strategic Implications for Litigants
Understanding the workflow of Interlocutory Attorneys offers litigants strategic advantages. For example, knowing that the Board frowns upon serial consented extensions without meaningful progress toward settlement can influence how you structure your negotiations. If you’re relying on ongoing settlement talks to justify delays, be prepared to show evidence of active discussions, draft agreements, or communication logs if your request is challenged.
Another important TTAB tip: be precise in your pleadings and motion practice. Interlocutory Attorneys are known to disfavor vague claims, boilerplate defenses, or motions lacking specific factual support. If you’re filing a motion to amend a pleading, highlight the changes clearly. If you’re seeking to strike an affirmative defense, cite case law or TBMP provisions demonstrating its inadequacy.
By appreciating the procedural rigor expected by Interlocutory Attorneys, parties can better navigate the pre-trial phase and focus on building a compelling record for trial or summary judgment.
The Road to a Panel of Judges Begins Here
While most final decisions in TTAB cases are rendered by a panel of three Administrative Trademark Judges, the groundwork for those decisions is often laid by Interlocutory Attorneys. Their procedural rulings influence how the case unfolds, what evidence is admitted, and whether deadlines are enforced or extended. In many ways, these attorneys shape the path that leads to trial.
If you’re new to TTAB litigation, or even a seasoned practitioner, you can benefit tremendously from studying how Interlocutory Attorneys approach common issues. Use the TBMP as your guide, follow procedural rules to the letter, and when in doubt, file timely motions with clear factual support.
Conclusion
In the high-stakes world of federal trademark disputes, understanding the structure and roles within the Trademark Trial and Appeal Board is essential. Interlocutory Attorneys serve as procedural stewards, ensuring that inter partes cases are conducted efficiently and fairly. Their decisions can have lasting effects on your case’s trajectory.
Mastering TTAB litigation requires more than substantive legal knowledge; it demands procedural precision, strategic timing, and respect for the Board’s inner workings. By understanding and adapting to the expectations of Interlocutory Attorneys, litigants are better positioned to avoid pitfalls and advance their case with confidence.