Recent TTAB filing statistics reveal that COVID-19 has not substantially impacted U.S. trademark opposition filings.  While trademark opposition filings are slightly below pace compared to last year, trademark cancellation activities are on the rise.  This is good news for brand owners and practitioners everywhere.  Our previously reported summary of 2019 TTAB statistics may be found here.

2020 year to date (YTD) filing information (which includes three quarters) with percent changes over the same time period last year are reflected below:

  1.  Extensions of time to oppose:  14,399  (YTD -6.4%)
  2.  Trademark oppositions:  5,045 (YTD -3.3%)
  3.  Trademark cancellations: 1,865 (YTD + 2.5%)
  4.  Appeals:  2,495 (YTD – no statistical change)

In addition, 2020 YTD TTAB internal case pendency and other relevant statistics are as follows:

  1.   Cases decided:  487 (YTD- no statistical change)
  2.   Average appeal pendency: 13 weeks (YTD + 2.4%)
  3.   Average pendency of trials: 18 weeks (YTD +17.6%)
  4.   Cases awaiting decision: 194 (YTD -5.8%)
  5.  Trial cases- average pendency: 149.7 weeks (YTD -6.8%)
  6.  ACR trial cases- average pendency: 93.5 weeks (-25.9%)
  7. # of ACR cases decided:  13 cases (compared to 27 total ACR cases for fiscal year 2019
  8. Contested motions- average pendency: 11.8 weeks (YTD + 2.6%)
  9. Number of cases with motions awaiting decision: 199 (-17.8%)
  10. Number of contested motion decisions issued:  781 (+3.9%)
  11. Number of contested motions resolved by decision: 977 (YTD + 5.8%)

Conclusion:   Based on year to date statistics,  COVID-19 has not had a significant impact on filing activities.  In fact, trademark cancellation filings have increased 2.5% over the same time period last year.  Trademark opposition filings are only slightly down.  What has increased significantly, however, is the average pendency of trials (+17.6% over last year).  This could be due, in part, to consented motions of time to extend trial dates due to COVID-19 related disruptions earlier this year.  The second key indicator is the number of contested motion cases awaiting decision, which have decreased 17.8% over last year’s reporting period.  Again, this could be due to COVID-19 disruptions as opposed to increased TTAB efficiencies in ruling on contested motions.