Monthly Archives: January 2019

Trademark Trial and Appeal Board docket calendar calculator

The docket of a TTAB Opposition or Cancellation is complicated. There are many dates and deadlines involved, and they are connected to each other. Some are listed in the institution order, but several key days are not.

*Disclaimer: This is a guideline only. As of November 2018. Calculate and check all docket dates on your own, and compare with TTAB’s initial docketing order, and the current rules, for any particular proceeding(s). Also note that counter-claims will add certain deadlines and periods not in this list.

TTAB Docket Event Days from Beginning Date of TTAB Filing Days from Previous TTAB Docket Event
Opposition / Cancellation Filed 0
Answer Due 40 40
Deadline to Request Board Participation in Discovery Conference 60 20
Discovery Conference Deadline 70 10
Discovery Opens 70
Deadline to File A Motion for Sanctions Re: Discovery Conference 99 29
Initial Disclosures Due 100 1
Deadline to Serve Discovery – 31 days prior to close of Discovery period 219 119
Expert Disclosures Due 220 1
Discovery Closes 250 30
Rebuttal Expert Disclosures Due 250
Deadline to File Motion to Compel Expert Disclosures 250
Plaintiff’s Pre-Trial Disclosures Due 295 45
Deadline For filing MSJ or Motion to Compel Discovery 309 14
Plaintiff’s Testimony Period Opens 310 1
Plaintiff’s Testimony Period Closes 340 30
Defendant’s Pre-Trial Disclosures Due 355 15
Defendant’s Testimony Opens 370 15
Defendant’s Testimony Closes 400 30
Plaintiff’s Rebuttal Disclosures Due 415 15
Plaintiff’s Rebuttal Period Opens 430 15
Plaintiff’s Rebuttal Period Closes 445 15
Plaintiff’s Trial Brief Due 505 60
Defendant’s Trial Brief Due 535 30
Plaintiff’s Rebuttal Trial Brief Due 550 15
Deadline to Request Oral Hearing 560 10

A very useful tool for calculated what date these deadlines fall on is

The docket calculator is just one of the many items (more than 100 samples docs) from Trademark Trial and Appeal Board (TTAB) Proceedings, including pleadings, motions, briefs, discovery, resolutions, and much more, included in my TTAB WorkbookClick here to purchase workbook ($597).

In addition, the 2.5 hours TTABulous course features Erik Pelton sharing experience from nearly 20 years and dozens of TTAB cases. Click here for more information and a syllabusClick here to purchase replay ($497).

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What is a Trademark Opposition (podcast)

In this podcast, attorney Erik M Pelton discusses the Trademark Opposition process at the USPTO’s Trademark Trial and Appeal Board.

Listen to this podcast and discover what it is and how you should you handle it.

Play: What is a trademark opposition?

For more of the Tricks of the Trade(mark) podcast, click here.


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