US Trademark Trial and Appeal Board adjusts response timelines in trademark opposition proceedings

The U.S. Trademark Trial and Appeal Board (TTAB) recently adjusted its initial timeframe for responding to complaints in trademark opposition and cancellation proceedings. This revision stems from a recalculation of the timeframe for responding to provisional refusals under the Madrid Protocol.

At the beginning of a TTAB proceeding, whether it is an opposition or revocation proceeding, the TTAB will issue an order establishing the trial calendar, including the time for filing a response or reply. The notice of filing will specify a time, "not less than 30 days from the date the notice is mailed," within which the response to the opposition must be filed. Traditionally, the TTAB has set a 40-day time limit for responses. However, under the amendments to the Madrid Agreement, the TTAB has increased the time limit for filing a response or reply to all TTAB proceedings to 60 days from the date of the order of filing. After setting the initial 60-day schedule, the TTAB may, in a subsequent order, reset the response or reply period to less than 60 days.

The amendments apply to TTAB proceedings initiated on or after September 4, 2025.