When you’re arguing a case before the Trademark Trial and Appeal Board (TTAB), knowing the law is just the beginning. The rules about how to present evidence—what’s allowed, what’s not, and when to file it—can make or break your case. Even the strongest legal arguments can fail if your proof doesn’t follow the Board’s rules.

That’s because TTAB decisions are based solely on the written record. There’s no room for courtroom drama or surprise witness testimony. Everything you want the Board to consider needs to be submitted correctly, on time, and through the proper channels. Understanding what counts as valid evidence—and what doesn’t—is essential if you want to succeed before the TTAB.

This article breaks down how the Board handles evidence, what practitioners often get wrong, and how to make sure your filings don’t get tossed aside. Based on key insights from the TTAB’s own internal guidance, here are the real-world TTAB tips you need to follow.

Why Evidence Before the TTAB Isn’t Like a Regular Court Case

The TTAB operates differently from federal courts. It doesn’t decide whether someone has infringed a trademark in the marketplace. Instead, it determines whether a mark can or should be registered. As a result, the standards for evidence are more administrative in nature and more technical in execution.

The Board doesn’t consider materials that aren’t properly introduced into the record—even if those materials are publicly available or seemingly obvious. For example, just because a trademark registration exists in the USPTO’s system doesn’t mean the TTAB will consider it unless you submit it correctly.

This strict evidentiary approach means you need to understand how and when to make things part of the record, whether you’re handling a refusal appeal or fighting an opposition or cancellation.

Third-Party Registrations: More Work Than You Think

Let’s say you want to argue that lots of similar marks exist, and yours should be allowed, too. It’s tempting to throw together a list of third-party trademarks to make your point. But here’s the problem: the Board won’t consider that list unless each registration is properly submitted.

You can’t just summarize registrations or attach a printout from a commercial search engine. The TTAB wants the actual records—meaning complete, downloadable copies from the USPTO’s own databases like TESS or TSDR. Even then, the Board won’t give them much weight unless they clearly relate to the issue at hand.

It’s also important to know what these registrations do not prove. They don’t show that the marks are in use, only that they were approved. So, if your entire case depends on proving marketplace coexistence, registrations alone won’t do the job.

Online Material: Yes, But Handle With Care

The internet is full of useful content for trademark arguments—examples of common usage, product comparisons, or branding trends. But if you’re going to use web content in a TTAB filing, it has to be handled precisely.

You must include the full URL and the date the page was accessed or printed. This is not optional. A screenshot without that metadata may be thrown out. And no, simply pasting a hyperlink or referencing a website in your brief does not count as evidence.

Even when you do it right, keep in mind that content from cached or archived pages may be challenged for authenticity or accuracy. The Board doesn’t give equal weight to all internet content, so make sure your sources are reputable and relevant to your arguments.

Timing Is Everything: Don’t Miss Your Shot

Unlike in traditional litigation where you might get a chance to supplement the record later, the TTAB has hard deadlines. For example, in an ex parte appeal, you must complete the record before filing your appeal brief. Trying to add documents after the fact—even if they’re helpful—will usually get you nowhere.

If you discover important new evidence after you’ve filed your appeal, your only option is to request a remand. But be warned: the Board doesn’t automatically allow this. You’ll need to explain why the new information matters and why it wasn’t submitted earlier.

In inter partes cases, such as oppositions or cancellations, the rules are similarly strict. The trial calendar defines when discovery ends and when trial periods begin. You can’t sneak in new documents after your testimony period closes unless the Board gives you permission—and it rarely does without good reason.

Evidence in Briefs: Don’t Get Fancy

One of the most common mistakes practitioners make is attaching evidence to their appeal or trial briefs. Don’t. The TTAB views this as improper, even if the document was already part of the record.

Instead, cite the document as it appears in the official record. Use references like “January 12, 2021 Office Action, TSDR p. 4” or “7 TTABVUE 10” so the Board can easily verify your citation. Reattaching evidence clutters the record and may even cause confusion that hurts your case.

The Truth About Weak Marks and Market Crowding

Many attorneys try to argue that a word or phrase is weak because it shows up in many other trademark registrations. This argument can work—but only if you do it right.

You must provide both the registrations and, ideally, examples of actual use in the marketplace. A high number of registrations alone doesn’t necessarily mean the term is weak. The TTAB needs context—how the marks are used, whether they appear in the same industry, and what consumers are likely to think.

If you’re trying to make a case for “crowded field,” you’ll want more than just the number of registrations. Try pairing your submission with real-world examples, like screenshots from product listings or advertisements. Just remember: all of that evidence must meet the TTAB’s format and timing requirements.

When Evidence Isn’t Just Evidence—It’s Standing

In inter partes proceedings, you need more than a solid argument. You need to prove you even have the right to bring the case. This is called standing, and it often requires submitting evidence of your own registration or use of a mark.

But don’t just say, “We own the XYZ mark.” You need to file either a certified copy of the registration or a TSDR printout that shows it’s active and assigned to your client. If you miss this step, the TTAB may dismiss your case outright—even if your claims are valid.

Summary Judgment and Evidence: Play It Smart

When filing a motion for summary judgment, your evidence becomes the entire case. There’s no trial after this—no second chance to submit documents. Everything you need to win must be attached to the motion or already in the record.

This includes depositions, written declarations, registrations, or other proof. And again, everything must be formatted and cited correctly. The Board expects a clean, organized presentation that makes it easy to find the relevant material. Sloppy or confusing evidence can sink an otherwise winning argument.

The Bottom Line: Follow the Rules or Risk Being Ignored

Evidence can make your case—but only if you present it the right way. The TTAB is not flexible when it comes to procedural missteps, and missing a deadline or mislabeling a document can cost you the entire proceeding.

The best strategy? Plan ahead. Know what evidence you’ll need, how to introduce it, and when. Check that your submissions meet TTAB formatting rules. If you’re citing websites, make sure to include URLs and access dates. If you’re using third-party registrations, don’t just list them—submit the full documents.

Above all, stay organized and proactive. The Board’s docket moves quickly, and it rewards practitioners who are careful, thorough, and on time.

Final Thought: Evidence Is a Language—Learn to Speak It Fluently

Winning before the Trademark Trial and Appeal Board isn’t about theatrics—it’s about paperwork. That might sound dry, but it’s where the real game is played. Every piece of evidence you file is like a sentence in your argument. If it’s missing, garbled, or out of place, the Board may never understand what you’re trying to say.

The TTAB’s guidance makes clear that the burden is on you to get it right. But once you learn the rules—and play by them—you’ll find that the Board is remarkably fair, responsive, and consistent in how it treats your case.

So use these TTAB tips, follow the filing procedures closely, and remember: good evidence, submitted the right way, is your best shot at securing that registration or defending your client’s rights.