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 timeanddate.com.
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 Workbook. Click here to purchase workbook ($597).
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