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extension of time to file answer - how?

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infocus

Member
What is the name of your state (only U.S. law)? CA

I need to file an extension to respond to a notice of opposition for a trademark dispute. How do I do that?

"The time for filing an answer may be extended by stipulation of the parties, approved by the Board, or on motion granted by the Board, or by order of the Board."

Does this mean I can respond to a notice of opposition on my own? I am supposed to respond within 40 days, how much longer can I extend for? Note that I am still in discovery.
 


divgradcurl

Senior Member
What is the name of your state (only U.S. law)? CA

I need to file an extension to respond to a notice of opposition for a trademark dispute. How do I do that?

"The time for filing an answer may be extended by stipulation of the parties, approved by the Board, or on motion granted by the Board, or by order of the Board."

Does this mean I can respond to a notice of opposition on my own? I am supposed to respond within 40 days, how much longer can I extend for? Note that I am still in discovery.
You need to call up the attorney for the opposing party, or the opposing party if they are not represented by counsel, and ask for an extension to answer. If they agree to grant an extension, you then pick a date that you can both agree on, then you file a stipulated motion to extend the time to answer. Read section 311 here: http://www.uspto.gov/web/offices/dcom/ttab/tbmp/300.pdf

for info on the format.
 

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