Extension of Time to Answer A Notice of Opposition or Petition for Cancellation (TTAB Proceeding)

The time to answer a Notice of Opposition or Petition for Cancellation is set by the Board (at 40 days) after commencement of a proceeding.

The time for filing an answer may be extended [before the period to act or respond is closed] or reopened  [after the period to respond or act is closed] by :

• stipulation of the parties, approved by the Board, or
• on motion granted by the Board, or
• by order of the Board. TBMP 310.03(c).

Requests for extensions must be filed by  ESTTA (Electronic System for Trademark Trials and Appeals).  In the event that ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, submissions may be filed in paper form.

Generally, “the Board is liberal in granting extensions of time before the period to act has elapsed, so long as the moving party has not been guilty of negligence or bad faith and the privilege of extensions is not abused.” Am. Vitamin Prods. Inc. v. DowBrands Inc., 22 USPQ2d 1313, 1315 (TTAB 1992).

Fed. R. Civ. P. 6(b) Extending Time.

(1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time:

(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

(2) Exceptions. A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b), except as those rules allow.

TBMP 509.01(a) Motions to Extend Time and TBMP 509.01(b)  Motions to Reopen Time discuss these types of motions in more detail.

BRIEFS IN RESPONSE TO MOTIONS

A brief in response to a motion, except a motion for summary judgment, must be filed within 20 days from the date of service of the motion. When a motion for summary judgment is filed, a brief in response, or a motion for Fed. R. Civ. P. 56(d) discovery must be filed within 30 days from the date of service of the summary judgment motion. See TBMP 502.

 See also TBMP § 528 for further information regarding the time for filing a motion for summary judgment. The time for filing a responsive brief may be extended, but the time for filing, in lieu thereof, a motion for Fed. R. Civ. P. 56(d) discovery will not be extended. See TBMP § 528.06 (Request for Discovery to Respond to Summary Judgment).

NEED TO ANSWER AN OPPOSITION OR CANCELLATION OR MOTION?

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