What Is the Trademark Trial and Appeal Board (TTAB)?

The Trademark Trial and Appeal Board Explained

The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal inside the U.S. Patent and Trademark Office (USPTO) that decides disputes over whether a trademark can be registered or should stay on the federal register. A small business most often meets the TTAB when a trademark application receives a final refusal or when another party challenges a mark.

What Does the Trademark Trial and Appeal Board Handle?

The TTAB handles registration disputes, not everyday business disagreements.

Its cases generally fall into four categories:

Ex parte appeals: If an examining attorney issues a final refusal, such as one based on likelihood of confusion (whether consumers are likely to be confused about who is behind the goods or services), the applicant may choose to appeal to the TTAB. Our guide to trademark office actions explains how refusals arise.
Oppositions: A party that believes it would be harmed by a registration, such as a business with similar rights, may file an opposition after an application is published and before a registration issues. Our post on what a trademark opposition is explains this stage in more detail.
Cancellations: A party may petition to cancel an existing federal registration, and a business may find itself on either side of one.
Concurrent use proceedings: Two parties using similar marks in different parts of the country ask for registrations limited by geography. Our overview of concurrent use trademark registration covers the basics.

TTAB proceedings are mostly conducted in writing and follow formal rules, and they can take a good deal of time. Many parties consult a trademark attorney before deciding how to proceed.

What the TTAB Does Not Decide

The TTAB decides whether a mark may be registered, not who can keep using it or who owes money. It does not award damages or issue injunctions, and it does not rule on infringement. Those questions belong in federal or state court. TTAB decisions can be reviewed by the U.S. Court of Appeals for the Federal Circuit or, in some cases, by a federal district court.

Can a Trademark Search Help You Avoid the TTAB?

Many TTAB disputes involve a conflict between two similar marks. A comprehensive trademark search before filing helps surface potential conflicts while a business can still adjust its plans.

A thorough trademark clearance search should look at:

Federal trademark records: Both pending applications and registered marks in the USPTO database.
State trademark registrations: Marks registered with individual states.
Common law usage: Rights that arise from actually using a mark in commerce, even without registration. These rights are geographic, so a business using a mark in one region may have protectable rights in that area.
Similar marks: Marks that resemble yours in sound, appearance, or meaning. A trademark availability search limited to identical matches can miss confusingly similar marks, which is the standard the USPTO applies.
Related goods and services: Conflicts are not limited to the same industry. If consumers would consider goods or services related, a conflict can still arise.

When comparing providers, ask exactly what a trademark and common law search covers.

Cutting corners on coverage can leave gaps that surface later, during examination or in a dispute.

Frequently Asked Questions

Is the TTAB a court?
No. The TTAB is an administrative body within the USPTO, and its judges are administrative trademark judges. Its decisions can be appealed to the Federal Circuit or reviewed in federal district court.

Do I need an attorney at the TTAB?
Parties are generally allowed to represent themselves, but proceedings follow formal rules, and many parties choose an attorney. Parties based outside the U.S. are required to have a U.S.-licensed attorney.

Does every refused application go to the TTAB?
No. An applicant can first respond to the examining attorney. An appeal to the TTAB is an option after a refusal is made final.

How long do TTAB cases take?
It varies by case type and complexity. Appeals, oppositions, and cancellations can each take many months or longer.

Start With a Search You Can Rely On

The best time to look for potential conflicts is before you file.

Contact TradeMark Express to learn how our comprehensive trademark search and application preparation assistance can help you move forward with more confidence.

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Shannon Moore