TTAB
The tribunal that hears oppositions and cancellations.
The Trademark Trial and Appeal Board. It decides disputes between parties over registration - oppositions, cancellations and appeals from refusals. It cannot award damages or stop anyone using a mark; that requires a federal court.
Why it matters to your application
The tribunal that decides who gets to register, and nothing beyond that. It cannot order anyone to stop using a name and it cannot award you money - a distinction that surprises owners who arrive expecting the Board to end an infringement.
In order
- Work out whether your problem is about the register or about use. Registration disputes go here; stopping use and recovering damages go to federal court.
- If it is an opposition or cancellation, expect pleadings, discovery and evidence on a set timetable.
- Consider settlement early. Board proceedings are slow and the costs accumulate.
- If you are appealing a final refusal, the Board reviews the examiner's decision on the record.
How this plays out
An owner wants a copycat shut down and files with the TTAB. The Board can cancel the copycat's registration - but the shop keeps trading, because stopping use requires a court. The right forum depended on what the owner actually wanted.
About ttab
Can the TTAB stop someone using my trademark?
No. It decides registration questions only. An injunction against use comes from a federal court.
Can I recover damages at the TTAB?
No. The Board cannot award money.
Do I need a lawyer for a TTAB proceeding?
It is an adversarial proceeding run on formal rules and deadlines. Self-representation is possible and rarely advisable.
General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.
Others you will meet at this stage
Allegation of use
Proof you have started actually selling under the mark.
FilingApplicant
The person or business that will own the registration.
FilingBasis for filing
Why you are entitled to file: you use it, or you intend to.
FilingClass
The category your goods or services fall into. Fees are per class.
Filing