Per a Federal Register Notice,1 the Trademark Trial and Appeal Board's (TTAB) institution orders now set a 60-day response time to file an answer or acceptable response to a complaint, which is an increase from the 40 days that was previously allotted. This amendment is effective for TTAB proceedings instituted on or after September 4, 2025.
The TTAB increased the response time to comply with an amendment toMadrid Regulation Rule 17(2)(vii),2 which specifies that "no less than two months" should be given to respond to a provisional refusal based on an opposition. As explained in the Federal Register Notice, the TTAB's revised response time "aligns the USPTO's regulations to the treaty obligations and provides consistency that allows for better docket management."3
That said, the TTAB can, in subsequent scheduling orders, shorten the time to file an answer or acceptable response to a period oflessthan 60 days.4 Given the recency of this change, it is unclear what circumstances may elicit a shorter response period, or how soon parties will find out that the response period has been shortened.
As demonstrated above, the TTAB has discretion in modifying the 60-day response time, which only underscores the importance of monitoring recently instituted proceedings to ensure that all deadlines are met. Buchanan's trademark practice group can assist in understanding this recent development, as well as any questions related to the TTAB's policies and procedures.
Footnotes
1. Change in Time Initially Set To File an Answer in a Trial Proceeding Before the Trademark Trial and Appeal Board, 90 Fed. Reg. 42751 (Sept. 4, 2025), https://regulations.justia.com/regulations/fedreg/2025/09/04/2025-16930.html.
2. The United States is a member of the Madrid Protocol, which is an international treaty that simplifies the trademark registration process.
3. See 90 Fed. Reg. at 42752.
4. See id. ("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.").
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