Notice2025-16930
Change in Time Initially Set To File an Answer in a Trial Proceeding Before the Trademark Trial and Appeal Board
Primary source
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Published
September 4, 2025
Effective
September 4, 2025
Issuing agencies
Commerce DepartmentPatent and Trademark Office
Abstract
The Trademark Trial and Appeal Board (TTAB) is revising its practice in setting the initial period of time to answer or submit an acceptable response to a complaint in a TTAB trial proceeding as a result of a re-calculation of time to respond to a provisional refusal pursuant to the Madrid Protocol. Currently, TTAB's established time period for response is forty (40) days from the notice of institution of the TTAB proceeding ("institution order"). The period to file a response is now revised to sixty (60) days from the date of the institution order. This amendment has no impact or effect on the current TTAB Rules of Procedure.
Full Text
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<title>Federal Register, Volume 90 Issue 169 (Thursday, September 4, 2025)</title>
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[Federal Register Volume 90, Number 169 (Thursday, September 4, 2025)]
[Notices]
[Pages 42751-42752]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16930]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-T-2025-0024]
Change in Time Initially Set To File an Answer in a Trial
Proceeding Before the Trademark Trial and Appeal Board
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice.
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SUMMARY: The Trademark Trial and Appeal Board (TTAB) is revising its
practice in setting the initial period of time to answer or submit an
acceptable response to a complaint in a TTAB trial proceeding as a
result of a re-calculation of time to respond to a provisional refusal
pursuant to the Madrid Protocol. Currently, TTAB's established time
period for response is forty (40) days from the notice of institution
of the
[[Page 42752]]
TTAB proceeding (``institution order''). The period to file a response
is now revised to sixty (60) days from the date of the institution
order. This amendment has no impact or effect on the current TTAB Rules
of Procedure.
DATES: This amendment is effective for TTAB proceedings instituted on
or after September 4, 2025.
FOR FURTHER INFORMATION CONTACT: For general questions regarding this
revision, please contact Cheryl Butler, Senior Level Attorney, at 571-
272-4259 or <a href="/cdn-cgi/l/email-protection#fcbf94998e8590d2be898890998ebc898f8c8893d29b938a"><span class="__cf_email__" data-cfemail="b8fbd0ddcac1d496facdccd4ddcaf8cdcbc8ccd796dfd7ce">[email protected]</span></a>, or to <a href="/cdn-cgi/l/email-protection#ce9a9a8f8c88ababaaacafada58ebbbdbebaa1e0a9a1b8"><span class="__cf_email__" data-cfemail="1347475251557676777172707853666063677c3d747c65">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The TTAB adjudicates trial proceedings
pursuant to 15 U.S.C. 1063 (Opposition) and 15 U.S.C. 1064
(Cancellation). At the commencement of a TTAB proceeding, the TTAB
issues an institution order establishing the trial schedule, including
the time to file an answer or acceptable response. The notice of
institution shall designate a time, ``not less than thirty days from
the mailing date of the notice'' within which an answer must be filed.
37 CFR 2.105(a) (Notification to parties of opposition proceeding(s))
and 37 CFR 2.113(a) (Notification of cancellation proceeding).
Customarily, TTAB establishes the response time period of 40 days.
The United States is a member of the Madrid Protocol, an
international treaty intended to simplify the international trademark
registration process by allowing a trademark owner to seek registration
in any of the participating countries by filing a single international
application. The Madrid Protocol came into force in the United States
on November 2, 2003, and is implemented under 15 U.S.C. 1141 et seq.
and 37 CFR parts 2 and 7. Each member or contracting party to the
Madrid Protocol is represented in the Madrid Union Assembly, which
meets annually to vote on proposed changes to the Regulations under the
Madrid Protocol, and is obligated to implement any changes to the
Madrid Regulations once adopted. Madrid Regulation Rule 17(2)(vii), as
amended, entered into force on November 1, 2023, and set a time limit
``which shall be no less than two months'' to respond to a provisional
refusal based on an opposition. Footnote 2 to Madrid Regulation Rule
17(2)(vii) clarifies that 60 calendar or 60 consecutive days meets the
two-month requirement. Pursuant to Madrid Regulation Rule 40(8), a
transitional period was provided to member or contracting parties until
February 1, 2025, or later provided notification was sent to the
International Bureau before February 1, 2025, that the contracting
party would continue to apply the rule in force prior to November 1,
2023. The USPTO notified WIPO on January 31, 2025, that the United
States would continue to apply Madrid Regulation Rules 17(2)(v) and
(vii) and (3) and 18(1)(e), as in force prior to November 1, 2023,
until the USPTO withdraws the notice.
In light of the amendment to Rule 17(2)(vii) of the Madrid
Regulations, the TTAB is establishing the time period to file an answer
or acceptable response for all TTAB proceedings to 60 days from the
date of the institution order. This revision aligns the USPTO's
regulations to the treaty obligations and provides consistency that
allows for better docket management. The TTAB, after setting the
initial 60-day schedule, may, in subsequent scheduling orders, reset
the time for an answer or acceptable response to be shorter than a 60-
day period.
Coke Morgan Stewart,
Acting Under Secretary of Commerce for Intellectual Property and Acting
Director of the United States Patent and Trademark Office.
[FR Doc. 2025-16930 Filed 9-3-25; 8:45 am]
BILLING CODE 3510-16-P
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