USPTO STATUS 760

You have appealed the examiner's refusal and the Board has the case

Official wording: EX PARTE APPEAL PENDING

You have appealed a refusal to the Trademark Trial and Appeal Board and the appeal is live. This is a briefed proceeding with its own deadlines, and the first one comes quickly.

A deadline may be running. Confirm the date on your own record before you do anything else.

Your brief is due within sixty days

Under 37 CFR 2.142(b)(1), the appellant's brief is due within sixty days from the date of appeal. If it is not filed in time the Board may dismiss the appeal - which leaves the refusal standing and the application abandoned. This is the single most important date in the proceeding.

What ex parte means here

There is no opposing party. The dispute is between you and the examining attorney over whether the refusal was correct. The Board reviews the record that was before the examiner, which is why what went into the file during examination matters so much now.

The record is largely closed

An appeal is a review of the examiner's decision on the existing record, not a fresh start. Evidence you wish you had filed during examination generally cannot be added once the appeal is under way, though there are limited procedural routes back. This is the main reason appeals are won or lost before they are filed.

Reconsideration can run alongside

In some cases a request for reconsideration is filed with the notice of appeal, so the examiner gets one more look while the appeal preserves your position. Whether that helps depends on whether you have something new to show.

This is attorney work

An appeal is a legal brief applying case law to the facts in your file, argued before a tribunal. It is not a form, and a filing service is the wrong tool for it. If you are at this stage with no representation, that is the gap worth closing first.

Confirm this against your own record

Status code descriptions are administered inside USPTO systems and published wording varies slightly between sources. Your file is the authority. Enter your serial number in TSDR to see your current status, every document filed, and any live deadline.

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