The TTAB is the Trademark Trial and Appeal Board, an administrative portion of the United States Patent and Trademark Office. The TTAB oversees opposition and cancellation proceedings relating to the federal registration of trademarks. Unlike patent attorneys, an attorney does not need any special certification to practice trademark law before the TTAB. Oppositions and cancellations are collectively referred to as “inter partes” proceedings, as compared to the “ex parte” examination process in the U. S. Patent & Trademark Office.

The “trial” process in both proceeds under the same Trademark Rules, and is governed by the Federal Rules of Civil Procedure. The Trademark Trial & Appeal Board issues a Scheduling Order following the filing of the Notice or the Petition. The Scheduling Order sets the deadline for the Answer and also sets the discovery, testimony and briefing periods. The open and close of the discovery period is set by the TTAB, and discovery is conducted as in civil litigation, with the service of interrogatories, document requests, requests for admission, and the taking of depositions.

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