Event recap: Trademark Spotlight “Practical Tips & Updates from the Trademark Trial & Appeal Board”

Speakers: Christopher C. Larkin, Administrative Trademark Judge, Trademark Trial and Appeal Board

By Amy Williams, Student Reporter

Introduction

Judge Christopher Larkin provided an in-depth update on current operations, recent developments, and best practices at the Trademark Trial and Appeal Board (TTAB). He began with a reminder of the Board’s role—deciding only the right to obtain or maintain a registration with limited remedies available. TTAB proceedings are limited to ex parte appeals of both applications and registrations, oppositions, cancellations, and concurrent use. Hearings are scheduled at the request of a party and payment of a fee. Participation is typically by video or in person by request. Hearings are not part of the formal record, and no recording is provided or permitted. Only the existing case record is presented to the judges, no new evidence or testimony is allowed. TTAB decisions can be appealed to a US District Court or the US Court of Appeals, where it will be reviewed de novo.

Meet the TTAB

Judge Larkin outlined current board personnel and summarized recent staffing adjustments following several judicial departures. Current staffing levels are historically low and not likely to increase in the near future.

Current Statistics

Despite lower personnel levels, the TTAB continues to improve productivity and reduce decision timelines. From FY24 to FY25 the number of new ex parte appeals filed increased from 3,491 to 3,701. Ex parte appeals final decisions increased from 357 to 405, while appeals awaiting decision at the end of the FY dropped from 116 in 2024 to 76 in 2025. The number of new cases filed increased from FY24 to FY25 in oppositions, cancellations and extensions of time to oppose. Final decisions in these cases remained steady, while cases awaiting decision at the end of the FY had a significant decrease.

Pendency

The average pendency of a trial from filing through written opinion was 155 weeks in FY24 and unfortunately increased in FY25 to 163 weeks. However, the average pendency of an appeal from filing the notice of appeal to a written decision was 43.6 weeks in FY24 and was reduced to just over 40 weeks in FY25 despite the reduced personnel.

For both appeals and trials that were designated as “Ready for Decision,” (“RFD”) pendency to mailing was reduced significantly from FY24 to the end of FY25. Average pendency for appeals RFD to mailing decreased from 16 weeks in FY24 to 7.2 weeks at the end of the 3^rd quarter of FY25. Average pendency for trials RFD to mailing decreased from 16.8 weeks to 11.4 weeks at the end of the 3^rd quarter of FY25. Both appeals and trials exceeded the RFD to mailing pendency goals of 12 weeks and 15 weeks, respectively.

Other Updates

Citations:

United States Patent Quarterly is no longer cited in Board decisions. When citing to Board decisions, use Westlaw or LEXIS together with the number of the Board proceeding when available. When citing civil cases, use the Federal Supplement or Federal Reporter.

Trademark Modernization Act Proceedings – Expungement and Reexamination:

Decisions have been reached in the first cases brought in expungement and reexamination proceedings.

TTAB Center:

Larkin outlined several updates and modernizations to the TTAB Center, including the transition to mandatory electronic filing for all TTAB filings. The TTAB Center will be used for opposition and cancellation proceedings, while ESTTA will be used for all other filings. The new system integrates with MyUSPTO accounts for secure access, draft saving, and improved docket management.

Pretrial Conference Pilot Program

Created in 2023, the Pretrial Conference Pilot Program is designed to manage exceptionally complex or contentious cases. The cases are selected based on narrow criteria, for participation in the program as Alternative Case Resolution (ACR).

Tips

Larkin concluded the presentation by providing tips for Ex Parte Appeals, Inter Partes Proceedings, Discovery, Trial and Briefing. Practical suggestions to practitioners were provided for Do’s and Don’ts in appeals and trial cases. Links to useful resources were provided including statutes, procedures, and publications.