Protect Your Mark Before the Board with a TTAB Attorney
The Trademark Trial and Appeal Board decides who gets to register a mark. Keough Law files and defends oppositions, cancellations, and appeals for clients nationwide—and has won a TTAB opposition that resulted in a conflicting application being refused.
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Stop the conflict before it registers
Once a confusingly similar mark registers, its owner gains legal presumptions that make it harder to challenge. An opposition stops it at the gate; a cancellation removes it after the fact.
TTAB proceedings are litigation—pleadings, discovery, evidence, and briefs—governed by their own rules and deadlines. They're also usually faster and less expensive than federal court. See our full trademark practice.
- Opposition: 30 days from publication.
- Extensions: up to 180 days total.
- Cancellation: most grounds within 5 years.
- Decided on a written record.
What happens at the Board
Whether you're challenging a mark or defending one, the deadlines are strict and the record you build decides the outcome.
Oppositions
Block a conflicting application after it publishes. Due within 30 days of publication, extendable up to 180 days total.
Cancellations
Remove a registration already on the register. Most grounds must be raised within five years; some, like abandonment or fraud, any time.
Ex parte appeals
Appeal an examining attorney’s final refusal of your own application to a panel of administrative trademark judges.
Defending a proceeding
Answer an opposition or cancellation against your mark and protect the registration you’ve invested in.
Priority and confusion decide most cases
Most oppositions turn on two questions: who used the mark first, and whether consumers are likely to be confused. Others turn on descriptiveness, abandonment, or nonuse.
The side with better evidence—dated sales, marketing, and real-world confusion—usually controls the settlement too.
“No conflict here”
- "The marks look different"
- "Our customers are different"
- "Your mark is weak"
- "We used it first"
Built for the record
- Dated proof of first use
- Overlap in goods and trade channels
- Similar sound, meaning, and impression
- Instances of actual confusion
Won at the Board—and settled on our terms
- Won a TTAB opposition that resulted in a conflicting trademark application being refused in the client's favor.
- Secured a settlement in a TTAB opposition that led to abandonment of the infringer's application and discontinuation of the infringing mark.
Prior results do not guarantee a similar outcome.
“Someone tried to register a name almost identical to ours. Shaun opposed it and the application was refused. Couldn't have asked for a better result.”
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TTAB Opposition Client
From notice to decision
Evaluate & extend
We assess priority and likelihood of confusion and, if needed, file extensions to preserve the opposition deadline.
Plead the case
We file the notice of opposition, petition to cancel, or answer, with the grounds that give you the most leverage.
Discovery & negotiation
Many proceedings settle here with an abandonment, a narrowed application, or a coexistence agreement.
Trial on the record
If it doesn’t settle, we submit testimony, evidence, and briefs. The Board decides on the written record.
Budgeted by phase
We scope TTAB work by phase—pleadings, discovery, and trial—so you can decide at each stage whether to push forward or settle. Extensions of time to oppose can buy room to negotiate first.
Your free initial consultation is general only—a chance for us to understand your situation and whether it's a matter we can take on.
A litigator at the Board
You work directly with Shaun Keough, who brings courtroom experience to Board proceedings. Many disputes start with a cease and desist letter, and when you need damages or an injunction, we pursue trademark infringement claims in federal court. Final refusals of your own application start with an office action response.
TTAB questions
What is the TTAB?
The Trademark Trial and Appeal Board is an administrative tribunal within the USPTO. It decides whether a mark should be registered or remain registered—through oppositions, cancellations, and appeals from final refusals. Most proceedings are decided on a written record rather than a live courtroom trial.
How long do I have to oppose a trademark?
A notice of opposition is due within 30 days after the mark is published in the Official Gazette. You can request extensions of time to oppose, up to a total of 180 days from publication. Once that window closes, your remaining option is usually a petition to cancel after registration.
Can the TTAB award damages or stop someone from using a mark?
No. The TTAB decides registration only. It cannot award money damages or order someone to stop using a mark. Those remedies require a trademark infringement lawsuit in federal court, which can be pursued alongside or after a Board proceeding.
How long does a TTAB proceeding take?
A proceeding that goes all the way through trial and a final decision commonly takes two to three years. Many cases settle much sooner—often during discovery—through an abandoned application, an amended identification of goods, or a coexistence agreement.
Can I appeal a TTAB decision?
Yes. A final TTAB decision can be appealed to the U.S. Court of Appeals for the Federal Circuit on the existing record, or challenged through a civil action in federal district court, where new evidence may be introduced.
Ready to protect
what you've built?
Schedule a free initial consultation. We'll learn about your situation and whether it's a matter we can take on.