The forms in the Electronic System for Trademark Trial and Appeals (ESTTA) are divided into three main categories:
- Request an extension of time to file an opposition
- File a new proceeding
- File documents in a board proceeding.
Browse the forms in each category below. Select each form to learn when and how to use it.
After you’ve read the information below and prepared to file, go to ESTTA to submit your filing.
Request for extension of time to file an opposition
Prior to registration on the Principal Register, all marks are published in the Official Gazette of the United States Patent and Trademark Office. The Official Gazette is published weekly and provides notice to all potential opposers. The Official Gazette is available on the USPTO website.
A “potential opposer” may request an extension of time to file an opposition, and must file the request prior to the expiration of the 30-day opposition period. Further extensions of time to oppose must be filed prior to any extension that was previously granted to the potential opposer. If an opposition or extension of time to oppose is not filed within 30 days following the publication date, a mark will proceed to registration or issuance of a notice of allowance, as appropriate.
Marks to be registered on the Supplemental Register are not published prior to registration, and are therefore not subject to opposition. If any party believes it is damaged by the existence of a mark on the Supplemental Register, it may file a petition for cancellation
Request for an extension of time to oppose form
The extension process
Extensions may be requested only as follows:
- You may file a first request for either a 30-day extension of time, which will be granted upon request, or a 90-day extension of time, which will be granted upon payment of the prescribed fee and for good cause shown. Preview the forms to file the first 30-day or 90-day extension request.
- If you were granted an initial 30-day extension of time, you may file a request for an additional 60-day extension of time, which will be granted upon payment of the prescribed fee and for good cause shown. Preview the form to file an additional 60 day request.
- After receiving one or two extensions of time totaling 90 days, you may file one final request for an extension of time for an additional 60 days. The Board will grant this request only upon consent of the applicant or upon a showing of extraordinary circumstances. Preview the form to file the final 60-day request.
No further extensions of time to file an opposition will be granted under any circumstances. There is no option to suspend the deadline to file a notice of opposition. ESTTA only presents extension options that are available to the potential opposer.
An extension of time to oppose is a personal right accorded to the person or entity to which it was granted. Therefore, a second or subsequent extension request or a notice of opposition may only be filed by a potential opposer to whom a previous extension was granted, or by one who is in privity (a relationship who successively have a legal interest in the same right or property) with such a person. See TBMP § 206.02.
File a new or subsequent Request for an Extension of Time to Oppose
To advance to the Request for Extension of Time to File an Opposition option on ESTTA's filing page, enter the application serial number to start this filing. You must identify yourself as a new potential opposer or, if you are an existing potential opposer, select your name from the drop down options to advance in this form.
Do not use ESTTA to file a request to amend or abandon an application that is subject to an extension of time to oppose. Such filings must be submitted through TEAS.
For more information on requests for extension of time to oppose, see Trademark Act § 13; 37 CFR § 2.102; TBMP Chapter 200.
Relinquishment of extension form
A potential opposer whose previously granted extension has not yet expired, should use this form to notify the TTAB that it will not oppose. Preview the Relinquishment of Extension form.
TTAB will immediately forward the application that was the subject of the request of extension for issuance of a registration certificate or notice of allowance, as appropriate. See TBMP § 217.
File a Relinquishment of a previously granted Extension of Time to Oppose
Use the Request for Extension of Time to File an Opposition option on ESTTA's filing page and enter the application serial number. You must select the applicable potential opposer to advance to this form.
Objection to subsequent request for extension of time to oppose form
An applicant who receives notification from the Board that a request for extension of time to oppose has been granted should use this form to submit objections to the granting of any further extensions of time to the potential opposer. In such case, the objections will be considered by the TTAB in determining any subsequent request filed by the potential opposer, for an extension of time to oppose. Preview the Objection to Subsequent Request for Extension of Time to Oppose form.
Any submission objecting to a request for an extension of time to oppose, or to the granting of any further extensions of time to oppose, should clearly state the reason for the objection. See TBMP § 210.
File an objection to subsequent extension
Use the Request for Extension of Time to File an Opposition option on ESTTA's filing page and enter the application serial number to start this filing. You must identify yourself as the applicant to advance to this form. Select the potential opposer that you would like the TTAB to consider the objection if/when they file a subsequent request for extension of time of oppose.
Request for reconsideration or response to Board order form
If an applicant or potential opposer is dissatisfied with an action of the TTAB on a request for an extension of time to oppose, it should use this form to file a request for reconsideration of the action, clearly stating the reasons for the request. The request should be filed promptly after the filing party receives or becomes aware of a TTAB action. See TBMP § 211.01. Preview the form to file a Request for Reconsideration or Response to Board order.
Do not use ESTTA to file petitions to the Director. These must be filed using the online petition form in the Trademark Electronic Application System (TEAS). For more information on the Petition to the Director procedure, see TMEP Chapter 1700.
File a request for reconsideration or respond to a Board order
Use the Request for Extension of Time to File an Opposition option on ESTTA and enter the application serial number to start this filing. You must identify yourself as the potential opposer or applicant to advance to this form.
File a new proceeding
Use TTAB Center, TTAB’s modernized electronic system to file notices of opposition. ESTTA, however, must be used to file a new petition for cancellation, or an appeal from a final refusal to register or from an expungement or reexamination proceeding.
When using ESTTA, choose the appropriate filing and enter the serial number of the application to be opposed, the registration number of the registration to be cancelled, or the serial number of the application that is subject to the appeal.
Need more help: Visit our Initiating a new proceeding webpage for more information and form previews.
File documents in a Board proceeding
Use these options to file documents (motions, briefs, etc.) in an already existing opposition, cancellation, concurrent use, or appeal proceeding. Choose a “Type of filing” and enter the opposition number (91xxxxxx), cancellation number (92xxxxxx), concurrent use number (94xxxxxx), or application serial number (7xxxxxxx or 8xxxxxxx) to which your filing applies.
Need more help: Visit our Filing a submission in an existing proceeding webpage for more information and form previews.