USPTO Trademark Alert: TTAB Changes Deadline for Answer in Board Proceeding to 60 Days
Effective September 4, 2025, the TTAB has set the time for filing an Answer in a Board proceeding to 60 days. The Federal Register notice may be found here. The TTAB e-mail alert is set forth below.
Change in initial time set to file an answer in a trial case before the Trademark Trial and Appeal Board (TTAB)
The TTAB is changing the initial time set to file an answer in its trial cases from 40 days to 60 days. Trial cases before the TTAB include oppositions and petitions to cancel.
This change is effective for TTAB institution orders issued on and after September 4, 2025. TTAB institution orders notify the parties of the commencement of a trial case.
Background
When a trial case commences, the TTAB issues a notification to the parties instituting the proceeding. The order sets out the trial schedule, including the time to file an answer. Traditionally, the TTAB set the initial time to answer as 40 days.
The United States is a member of the Madrid Protocol, an international treaty set up to simplify the international trademark registration process. Madrid Regulation Rule 17(2)(vii) requires a minimum 60 days response period for responding to an opposition.
Accordingly, the TTAB is changing the time to file an answer from 40 days to 60 days for consistency of expectations and docket management.
Learn more in the Federal Register Notice.
Read comments and post your comment here.
posted by John L. Welch @ 9/10/2025
7 comments
7 Comments:
Why did it take so long for the Board to make this change? Or was this a new rule?
"Madrid Regulation Rule 17(2)(vii), as amended, entered into force on November 1, 2023, and set a time limit “which shall be no less than two months” to respond to a provisional refusal based on an opposition." Fed. Register Notice
These changes only effect the Answer deadline and does not push all other dates out 20 days correct?
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I have a recently issued Notice that does have all deadlines advanced by 20 days. Wrote to TTAB and asked if the Notice is incorrect. No reply so far.
Since the new time period for the answer does not affect proceedings that were already pending, how does it "advance" the other dates when the other dates were not previously set?
I am now informed that the other deadlines are automatically advanced by 20 days because those dates are calculated from the Time to Answer, and NOT from the mailing date. So, even though not stated in the rules, this appears to be what is happening.
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