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Issue 44 | December 17, 2002
Electronic Filing of First Requests
for Extension of Time to Oppose
 The Trademark Trial and Appeal Board ("TTAB") of the U.S. Patent and Trademark Office has introduced a new Electronic System for Trademark Trials and Appeals ("ESTTA") that allows certain TTAB forms to be submitted over the Internet, or printed out for mailing to the TTAB. The first of the new electronic forms is a First Request for Extension of Time to Oppose the registration of a trademark. Such requests can now be submitted electronically by merely entering the serial number of the application at http://estta.uspto.gov/filing-type.jsp.

At this time, ESTTA supports only a first thirty-day request for extension of time to oppose. All other requests must be filed in writing, pursuant to the applicable rules. The time stamp applied by the ESTTA server is the official time the USPTO received the form. The official filing date and time can be found on the confirmation web screen.

Any person who believes that they would be damaged by the registration of a mark on the Principal Register may file a notice of opposition within thirty days of the mark being published in the Official Gazette. The Trademark Rules also permit such persons to request extensions of time in which to oppose for up to 120 days. A first request for an extension of time of up to thirty days will be automatically granted upon request. Further requests may be granted only if good cause is shown prior to the expiration of the previous request. However, no request for more than a total of 120 days from publication will be granted without the consent of the applicant, or a showing of extraordinary circumstances.

For further information on requests for extension of time to oppose, see Trademark Act ยง 13, Trademark Rule 2.102, and TBMP Chapter 200.

To discuss this topic further, please contact the author, Bill Heinze, at Thomas, Kayden, Horstemeyer & Risley. The information contained in this email is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.

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