A Plaintiff's (Opposer/Petitioner's) Perspective on Key Events, Attorney Hour Estimates & Case Progression
Before diving into the procedural details of a TTAB opposition or cancellation, it is crucial to understand that the vast majority (often estimated at over 95%) of TTAB cases do not proceed through a full trial to a final decision. Instead, they are resolved through settlement between the parties.
This guide breaks down the standard TTAB process, detailing the potential range of attorney hours for the plaintiff in simple versus complex cases. Understanding these figures will help you develop a more informed case strategy and budget with your attorney.
This initial phase involves investigating, preparing, and filing the Notice of Opposition or Petition for Cancellation, awaiting the defendant's Answer, participating in a mandatory discovery/settlement conference, and preparing initial disclosures. It is typically completed within 2.5 to 3.5 months of the case's commencement (through initial disclosures).
Conducting a thorough investigation, gathering initial evidence, assessing legal grounds, and drafting and filing the formal Notice of Opposition or Petition for Cancellation with the TTAB.
Attorney Hours Range: 8 - 25 hours
Simple cases (direct grounds, readily available evidence) are at the lower end. Complex cases (requiring extensive investigation, multiple legal points, complex evidence organization) are at the higher end.
After the defendant files their Answer (typically within 40 days of institution), carefully reviewing their defenses and any potential counterclaims.
Attorney Hours Range: 2 - 6 hours
A mandatory conference between attorneys, held ~30 days after the Answer is filed, to discuss the case, settlement possibilities, and a discovery plan.
Attorney Hours Range: 2.5 - 5 hours
Parties exchange lists of key witnesses and documents ~30 days after the discovery conference.
Attorney Hours Range: 2 - 8 hours
After reviewing the Answer, the plaintiff might consider filing a motion for a more definite statement or a motion to strike improper defenses. This phase is a key settlement window, especially after the defendant assesses the strength of the plaintiff's claims.
This is the core evidence-gathering stage, with a standard discovery period of 180 days. The plaintiff must take the initiative to obtain evidence supporting their claims through various discovery tools. This phase typically spans from 2.5 to 8.5 months after commencement.
Serving a list of written questions (usually limited to 75) on the defendant to obtain information.
Attorney Hours Range: 4 - 10 hours
Requesting the defendant to produce relevant documents (usually limited to 75 categories).
Attorney Hours Range: 3 - 8 hours
Requesting the defendant to admit or deny a series of factual statements or the authenticity of documents (usually limited to 75).
Attorney Hours Range: 3 - 8 hours
If the defendant also serves discovery requests, the plaintiff must respond in a timely manner.
Attorney Hours Range (for responding to a full set of written requests): 5 - 25 hours
Depends on the volume and complexity of the defendant's requests.
Preparing for and taking the deposition of key opposing witnesses; also preparing your own witnesses for deposition if requested by the defendant.
Attorney Hours Range (per deposition, whether taking or defending): 10 - 30 hours
If discovery reveals clear facts favorable to your side, you can file this motion to seek victory before trial. You may also need to respond if the defendant files one.
Attorney Hours Range (to file or respond): 15 - 75+ hours
The plaintiff may file a motion to compel to obtain necessary information. Discovery is a primary catalyst for settlement, as the plaintiff can leverage collected evidence in negotiations.
This phase occurs after discovery and any summary judgment motions are resolved. As the party with the initial burden of proof, this stage is particularly crucial for the plaintiff. It typically occurs 9.5 to 12 months into the case.
At least 15 days before its main testimony period, the plaintiff must disclose to the other side and file with the TTAB its list of witnesses, a summary of their testimony, and all exhibits. This involves finalizing the entire evidence package for trial.
Attorney Hours Range (for plaintiff's entire preparation in this phase): 12 - 45 hours
The range depends on the volume of evidence and complexity of trial strategy; the plaintiff's investment is often significant here.
The TTAB "trial" is conducted through asynchronous written submissions. The plaintiff bears the responsibility of presenting its evidence and primary arguments first. This process takes about 6-9 months from the first testimony period to the final brief.
The plaintiff's main tasks are: preparing and submitting all supporting evidence during its 30-day main testimony period; reviewing the defendant's evidence; submitting rebuttal evidence during its 15-day rebuttal period; preparing and filing the main brief (under 55 pages) and a reply brief (under 25 pages); and, if requested, preparing for and attending an oral hearing.
Attorney Hours Range (for all of plaintiff's activities in this phase): 80 - 280+ hours
The plaintiff's workload is typically heavier in this phase due to the need to file both a main brief and a reply brief.
The following activities can occur at any stage of a TTAB proceeding and can significantly impact attorney hours and the case's direction.
Examples: Motion to Dismiss, Compel Discovery, for a Protective Order, to Extend, etc. Simple, uncontested, or routine procedural motions generally take less time.
Drafting or responding to each simple/uncontested motion typically takes 2-4 hours.
For contested or substantive motions, the time increases significantly:
Includes multiple rounds of negotiation with opposing counsel, as well as drafting, reviewing, and revising settlement agreements.
Attorney Hours Range (for the entire settlement process):
Attorney time for a motion to suspend for settlement talks: ~0.5 hours for a consented motion; ~1.5 hours for a unilateral request.
This chart visualizes how a plaintiff's attorney hours can accumulate if a case is not settled early. The hours for each phase build upon the previous ones. The chart shows the cumulative range of attorney hours, from simple to complex cases, at the conclusion of each major phase.