Filing a submission in an existing proceeding

Inter partes

Use one of the form options below to file documents in an already existing opposition, cancellation, or concurrent use inter partes proceeding. You must enter a valid proceeding number starting with 91xxxxxx for an opposition, 92xxxxxx for a cancellation or 94xxxxxx for a concurrent use to use these form options.

Do not use these options to file extensions of time to oppose, notice of appeal from a final refusal to register, notices of opposition, or petitions for cancellation. To initiate a new TTAB proceeding or file a request for an extension of time to oppose, view the Choosing your ESTTA form webpage for more information.

Opposition, cancellation, or concurrent use general filing

Use this option only to file: submissions in opposition, cancellation or concurrent use proceedings, including answers, counterclaims, motions, testimony, stipulations, and briefs. This form requires an attachment to proceed.

Filing fees

Most inter partes filings do not require a fee. However, if your filing requires a fee, please have your USPTO deposit account or other accepted payment methods available to pay online. Visit the current trademark processing fee amounts on the USPTO Fee Schedule. View learning and resources for information regarding how to pay fees, including how to establish a USPTO deposit account. A list of current trademark fees is at 37 CFR § 2.6.

The fee for a counterclaim is the same as the fee for a petition for cancellation as indicated in 37 CFR § 2.6(a)(16) and is governed by Trademark Rule 2.111(d).

Currently, ESTTA does not support electronic fee processing for motions to divide an application involved in a TTAB proceeding. Accordingly, payment of the fee for a motion to divide an application should be by written authorization to debit the filer's USPTO deposit account and the fees will be subsequently processed by the Intent to Use Division.

Identifying your submission

To aid the Board in entry and prompt consideration of filings, the forms require the user to accurately identify each filing. ESTTA presents titles for the most common filings. Choose the option that most closely identifies your filing. If your filing embodies two or more motions, it's best to file each motion separately for accurate docketing and consideration of each motion filed in the proceeding. If no title identifies your filing, you may select the “other motions/papers” option.

The following options are available under “Opposition, cancellation, or concurrent use (general filings)”:

Options under: Correspondence/parties

Use one of these forms to file an appearance of counsel, power of attorney, request to withdraw as attorney, motion to join or substitute a party, or motion to consolidate two or more Board proceedings. Note: To only update an address or email address of record, use the Change of Address form under “File Documents in a Board Proceeding.”

When using ESTTA, and periodically throughout a proceeding, all applicants and parties should assure that the record in the Trademark Trial and Appeal Board Inquiry System (TTABVUE) indicates their current and correct street address AND email address(es). The Board sends confirmation of ESTTA filings, notice of orders, and all other correspondence via email to any applicant or party who has provided an email address. The Board does not send a hard copy.

For more information regarding correspondence in Board matters, see TBMP § 117.

Options under: Pleadings and related motions

Use one of these forms to file an answer, answer and counterclaim (requires a counterclaim fee), answer to a counterclaim, a motion to amend a pleading or an amended pleading, a motion for default judgment, a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), or a motion for relief from entry of default judgment.

Do not use these forms to file an initial complaint (use forms available under “File a new proceeding” instead).

Options under: Discovery/trial motions

Use one of these forms to file a brief in opposition or response to a motion, a reply brief in support of a motion, a motion for summary judgment, a motion to compel discovery or disclosure, a motion to strike, a motion to strike a notice of reliance, a motion to strike testimony, a motion to strike a pleading or affirmative defense, a motion to quash, a response to a Board order or inquiry, a motion for discovery sanctions, a motion for disclosure sanctions, a motion for sanctions (not discovery) pursuant to Fed. R. Civ. P. 11, a motion for sanctions on other grounds, a motion to dismiss pursuant to Trademark Rule 2.132 for failure to take testimony, or a request for the Board’s participation in the parties’ discovery conference pursuant to Trademark Rule 2.120(a)(2)(i).

Options under: Trial testimony/evidence

Use one of these forms to file a notice of reliance, a stipulation of facts, a notice of taking testimony, testimony, a brief on the merits, a rebuttal (reply) brief on the merits or a request for an oral hearing at final decision on the merits.

Options under: Scheduling motions

To file consented motions to extend the time to answer, to extend discovery or trial dates, to suspend for settlement, or to suspend pending disposition of a civil action, use one of the forms under "Consent Motions (opposition or cancellation)."

Use one of these forms to file a stipulated or consented motion to extend not currently available under the Consent Motions (opposition or cancellation) form, stipulated or consented motion to reopen, unconsented motion to extend, unconsented motion to reopen, motion to suspend pending disposition of a civil action, or a motion to suspend for settlement discussions.

Options under: Settlement/termination

Use one of these forms to file a withdrawal of an opposition, withdrawal of a petition for cancellation, withdrawal of a counterclaim, withdrawal of application or voluntary surrender of registration (in an inter partes case), or a motion for relief from entry of final judgment pursuant to Fed. R. Civ. P. 60.

Options under: Review of order or decision of the Board

Use one of these forms to file an appeal or cross appeal of a final Board decision in an inter partes case, a request for reconsideration of a final Board decision in an inter partes case, or a request for reconsideration of a non-final Board order in an inter partes case.

Forms for filing an appeal from a final Board decision or a request for reconsideration of a final Board decision in an ex parte case may be found under “Ex Parte Appeal (general filings).”

Options under: Other motions/papers

Use one of these forms only when your submission is not accurately described by any of the other forms that are available.

Preview the inter partes general filing form

Preview the Opposition, Cancellation, or Concurrent Use (general filings) form.

File a submission in an inter partes proceeding

Using the File Documents in a Board Proceeding option and under the Type of Filing dropdown, select Opposition, Cancellation, or Concurrent Use (general filings), enter the proceeding number in the empty box and Start the filing. You must select the applicable party to advance in the form. Tip for attachments: On the attachment screen, please use the bookmark to view all pages of your attachment to ensure your attachment is complete, pages are viewable (not blank or illegible) and can be read from top to bottom on a computer screen. View more technical requirements for attachments before filing.

Consent motion (opposition or cancellation) filing

One common use of the consented motion to extend, or suspend, forms is to secure an extension or suspension of the next deadline in the Board’s schedule, such as the deadline to file an answer, to serve initial disclosures or to serve expert disclosures, or the close of discovery.

These forms are also used to extend or suspend the deadlines to serve pretrial disclosures, the trial or briefing periods, or to suspend proceedings pending disposition of a civil action involving one or both parties in the Board proceeding that may have a bearing on the Board case.

Consent motion process

Most consent motions to extend or suspend dates for proceedings instituted less than two years from the filing date of the motion will be approved automatically. The resulting order issued by ESTTA should be checked carefully to ensure that the parties receive the new deadline or schedule they anticipated when making the filing. If any deadline or dates in the resulting order do not comport with the parties' expectations or create uncertainty about the schedule for the case, then the parties should strongly consider filing a superseding stipulation or agreed-upon motion through the "Opposition, Cancellation, or Concurrent Use (general filings)" filing option. Consent motions filed after two years from the institution date requires review by a TTAB staff member and will not be automatically granted.

Preview the consent motion form

Preview the consent motions form.

File a consent motion to extend or suspend

Use the File Documents in a Board Proceeding option and under the Type of Filing dropdown, select Consent Motions (opposition or cancellation), enter the proceeding number and Start the filing. You must secure consent prior to filing.

Incorrect dates displayed

Parties should call the TTAB Assistance Center if the current dates displayed in the schedule are not updated to the latest dates approved by TTAB. TTAB personnel can easily update the current dates to allow parties to proceed using the Consent Motions options.

Alternative option

The "Opposition, Cancellation, or Concurrent Use (general filings)" filing option can always be used when the parties wish to be very particular about agreed-upon deadlines or schedules and should be used when the "Consent Motions" filing option does not result in the new deadline or schedule to which the parties agreed.

Confidential opposition, cancellation, or concurrent use filing

Use the “CONFIDENTIAL Opposition, Cancellation, or Concurrent Use Filings” form to submit a confidential motion, exhibit, or other filing.

Protective order process

The Board's standard protective order for the protection of confidential material is automatically imposed and in effect in all opposition, cancellation, and concurrent use proceedings, and is available on the Board’s homepage.

Alternative orders

The parties may agree to an alternative order. They must file the alternative order for the Board's approval. See 37 CFR § 2.116(g); and TBMP § 412.

About confidential filings

Except for materials properly designated and filed as confidential, all proceeding files and exhibits thereto are available for public inspection and copying. Therefore, only the particular portions of a brief, pleading, motion, or other submission that discloses confidential information should be filed under seal pursuant to a protective order. If a party submits any brief, pleading, motion, or other filing that contains confidential information under seal, the party must also submit for the public record a carefully and appropriately redacted copy of the submission.

The Board may treat as not confidential any material which cannot reasonably be considered confidential, notwithstanding a designation as such by a party. 37 CFR § 2.116(g).

All filings in Board proceedings are viewable via TTABVUE except confidential filings, which are not available for public viewing. An entry in the prosecution history will designate the title of any confidential filing and the date it was filed.

For more information regarding the protective order and confidential filings, see 37 CFR §§ 2.27, 2.116(g), 2.126(c); and TBMP §§ 412.04, 412.05.

Preview the confidential form

Preview the Confidential form.

File confidential submissions

Using the File Documents in a Board Proceeding option and under the Type of filing dropdown, select CONFIDENTIAL (Opposition, Cancellation, or Concurrent Use filings), enter the proceeding number in the empty box and Start the filing. This form requires an attachment. On the attachment screen, please use the bookmarks to view all pages of your attachment to ensure it is complete, each page is viewable (not blank or illegible) and displayed so it can be read from top to bottom on a computer screen. View more Technical requirements for attachments before filing.

Ex parte appeal (general filings)

An existing ex parte proceeding should be viewable on TTABVUE. Use this option to file all submissions in an ex parte appeal proceeding except the notice of appeal itself (Use the Appeal of Refusal to Register form for filing the notice of appeal itself). Such submissions include-but are not limited to-motions to extend or suspend the time for filing briefs, requests for oral hearing, requests for remand and appeals from a Board decision to the Court of Appeals for the Federal Circuit or to a district court.

Forms for filing an appeal from a final Board decision or a Request for Reconsideration of a final Board decision in an inter partes case may be found under “Review of Order or Decision of the Board.”

Preview the ex parte general filings form

Preview the ex parte appeal (general filings) form.

File a submission in an ex parte proceeding

Using the File Documents in a Board Proceeding option, select Ex Parte Appeal (general filings) under Type of Filing and enter the application serial number to start the filing. You must select the applicable party to advance in the form. On the attachment screen, please use the bookmarks to view all pages in your attachment to ensure it is complete and that each page is viewable (not blank or illegible) and displayed so it can be read from top to bottom. If you are filing an ex parte submission that requires a fee, please have your USPTO deposit account or other accepted payment methods available to complete the filing. View the current trademark processing fee amounts on the USPTO Fee Schedule.

Change of address

Use the Change of Address form to change or update an applicant’s, a party’s, or a legal representative’s correspondence street, and/or email correspondence address, or phone number. Attorneys should also use this form to provide or update bar membership information. Note: Although viewable during filing, Bar Membership information is masked from public view after submission.

For more information regarding correspondence in Board matters, see TBMP § 117.

If representation has been established by the filing of a power of attorney, and thereafter another attorney or other authorized representative wishes to appear on behalf of the party, a new power of attorney is required to change the attorney of record. This must be filed using one of the forms under either the inter partes “General Filings” option or the ex parte “General Filings” option. See TBMP §§ 114.03 and 116.

Preview the change of address form

Preview the Change of Address form.

File a change of address

Use the File Documents in a Board Proceeding option, select Change of Address under Type of Filing and enter the proceeding number to start the filing.