Use these options to file a new notice of opposition, cancellation, or appeal from a final refusal to register. Choose the appropriate filing and enter the serial number of the application to be opposed or the registration number of the registration to be cancelled, or the serial number of the application to be appealed.
Important filing information for notices of opposition and petitions for cancellation
A proper pleading for a notice of opposition or petition for cancellation contains a “short and plain statement of the claim showing that the [filer] is entitled to relief.” The pleading attached to the ESTTA form should state, in brief numbered paragraphs, facts which if proven would establish that the opposer or petitioner has 1) standing to oppose registration or to petition for cancellation; and 2) an available legal ground for opposition or cancellation. The filer does not have to actually prove these allegations at this time, but must have a good faith belief in their truth.
Claiming prior rights on a notice of opposition or a petition to cancel
When filing a notice of opposition or petition to cancel, if a plaintiff claims prior rights to a trademark, the filer must have for each such mark:
- A registration or application number if the mark is either registered, or is a common-law mark depicted in a trademark application; or
- If the plaintiff owns a common-law mark that is not depicted in an application, they must attach an image of the mark in JPEG format. The image should be formatted for 8cm x 8cm at 300 dpi resolution.
If the common-law mark comprises words only, (i.e., no stylization or a design), the mark may be typed into the ESTTA form. If the mark is not capable of visual representation, e.g., scent or sound marks, the user must provide a description of the mark.
Parties involved in other Board proceedings
When filing any notice of opposition or petition to cancel, if one or both of the parties to a proceeding are involved in another proceeding before the Board, or in a federal or state civil court, the filer should inform the Board using the “Proceedings Involving the Same or Similar Marks” field. However, providing this information does not relieve a party of the necessity of taking any appropriate action, such as filing an answer.
For more information on pleadings, see 37 CFR §§ 2.101, 2.104, 2.122(c)-(d); Fed. R. Civ. P. 7, 8-11; TBMP Chapter 300.
Notice of opposition
Time for filing
Prior to registration on the Principal Register, all marks are published in the Official Gazette of the United States Patent and Trademark Office. The Official Gazette is published weekly and provides notice to all potential opposers. The Official Gazette is available on the USPTO website.
A notice of opposition must be filed within 30 days after publication of the application being opposed or within an extension of time for filing an opposition. If an opposition or extension of time to oppose is not filed within 30 days following the publication date, a mark will proceed to registration or issuance of a notice of allowance, as appropriate.
For more information on notices of opposition, see Trademark Act § 13; 37 CFR §§ 2.101 - 2.107; TBMP Chapter 300.
Required with your submission
The ESTTA form presents a list of available grounds for opposition and prompts the filer to attach the pleading and submit the required filing fee. 37 CFR § 2.6(a)(17) sets forth the required fee.
File a notice of opposition
Go to the File a New Proceeding section on ESTTA's filing page to select the Notice of Opposition form. Enter the subject application serial number and select Start to open the form. Preview the notice of opposition form before filing.
Petition for cancellation
Time for filing
A petition for cancellation of a trademark registration may be filed at any time. However, a mark which has been registered for more than five years may only be cancelled on the grounds enumerated in Trademark Act § 14.
For more information on petitions for cancellation, see Trademark Act § 14; 37 CFR §§ 2.111-2.115; TBMP Chapter 300.
Required with your submission
The ESTTA form presents a list of available grounds for cancellation and prompts the filer to attach the pleading and submit the required filing fee. 37 CFR § 2.6(a)(16) sets forth the required fee.
File a petition for cancellation
Go to the File a New Proceeding section on ESTTA's filing page to select the Petition for Cancellation form. Enter the subject registration number and select Start to open the form. Preview the petition for cancellation form before filing.
Appeal of refusal to register
An applicant for registration of a trademark may appeal to the Board from any final refusal to register its mark, and can initiate an appeal by filing a timely notice of appeal with the Board with the required fee. 37 CFR § 2.6(a)(18) sets forth the required fee.
For more information on ex parte appeals, see 37 CFR §§ 2.141 - 2.142; and TBMP Chapter 1200.
Deadline
To be timely, an appeal must be filed within the time provided in 37 C.F.R. § 2.62(a) from the date of the final refusal. Note that the filing of a request for reconsideration of the final refusal pursuant to Trademark Rule 2.62(a) does not automatically or in itself extend or toll the time to file a notice of appeal.
System filing permissions
ESTTA will not permit the filing of a notice of appeal if the USPTO records indicate an application status that is not appropriate for appeal (e.g., if a final refusal has not been issued), or if the appeal would be untimely. If you believe the USPTO records are incorrect, contact the Trademark Assistance Center at 571-272-9250 or 800-786-9199. If the matter cannot be resolved within the time to appeal, you may file a timely notice of appeal on paper accompanied by a written explanation of such technical problems or extraordinary circumstances.
Required with your submission
The ESTTA form requires the filer to submit the required filing fee. 37 CFR § 2.6(a)(17) sets forth the required fee. Attachments are not allowed in this form. A request for reconsideration of a final office action must be filed in TEAS.
File an appeal of refusal to register
Go to the File a New Proceeding section on ESTTA's filing page to select the Appeal of Refusal to Register form. Enter the subject application serial number and select Start to open the form. Preview the appeal of refusal to register form before filing.
Note: Do not use this form to file a notice of appeal from a Board decision. The proper procedure for filing appeals to the U.S. Court of Appeals for the Federal Circuit or to a U.S. District Court is set forth in Trademark Rule 2.145. 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).”
