The United States Patent and Trademark Office (USPTO) has announced a procedural update that affects all trial proceedings before the Trademark Trial and Appeal Board (TTAB) instituted on or after September 4, 2025. The initial deadline for filing an answer or acceptable response to a complaint has been extended from 40 days to 60 days following the date of the institution order.
This change reflects the United States’ commitment to harmonizing its trademark procedures with international standards under the Madrid Protocol. Specifically, the revision aligns with amended Madrid Regulation Rule 17(2)(vii), which requires a minimum two-month response period to provisional refusals based on oppositions. By adopting an automatic initial 60-day response window, the TTAB ensures consistency across domestic and international trademark practices.
The USPTO’s notice, however, contains a critical exception: The TTAB retains discretion to shorten the response period to answer after issuing the institution order. It is unclear when or how the TTAB will choose to exercise such discretion, but it illustrates the importance of closely monitoring the docket.
Takeaways
- Parties now have more time to evaluate claims, retain counsel, and prepare a strategic response.
- The extended timeline may reduce early procedural missteps and improve the quality of pleadings.
- The TTAB has discretion to amend the initial response period, but the circumstances under which the TTAB may exercise that discretion are unclear.
- Depending on the circumstances of your case, there may be strategic advantages to these changes — your Fish attorney will evaluate the specifics of your case and advise accordingly.
