For proceedings before the Trademark Trial and Appeal Board (“TTAB”) instituted on or after September 4, 2025, Respondents will now have sixty (60) days from the date of the Notice of Institution to file an Answer instead of forty (40) days. The Federal Register reported in its Notice regarding this matter that the change is due to “a re-calculation of time to respond to a provisional refusal pursuant to the Madrid Protocol,” an international treaty of which the United States is a member. More specifically, Madrid Regulation Rule 17(2)(vii) was recently amended to require that the response timeframe for a provisional refusal “be no less than two months” for an opposition. As Madrid member countries are obligated to implement any changes to the Madrid Regulations, the TTAB extended the timeframe to answer accordingly. In the interest of consistency, the TTAB has made sixty (60) days the standard timeframe to answer or otherwise file an acceptable response for all proceedings, including both cancellation and opposition proceedings.

About the Author: Kelly Malloy is a Registered Patent Attorney and assists with a wide range of Intellectual Property and Franchise matters from the firm’s Miami office. Ms. Malloy regularly handles opposition and cancellation proceedings before the Trademark Trial and Appeal Board (“TTAB”), and strategically counsels clients on trademark enforcement and defense.