310.03(a) In General
37 CFR § 2.105 Notification to parties of opposition proceeding[s].
- (a) When an opposition in proper form(see §§ 2.101 and 2.104), with proof of service in accordance with § 2.101(b), has been filed and the correct fee has been submitted, the Trademark Trial and Appeal Board shall prepare a notification, which shall identify the title and number of the proceeding and the application involved and shall designate a time, not less than thirty days from the mailing date of the notification, within which an answer must be filed. If a party has provided the Office with an email address, the notification may be transmitted via email.
37 CFR § 2.113 Notification to parties of cancellation proceeding.
- (a) When a petition for cancellation in proper form (see§§ 2.111 and 2.112), with proof of service in accordance with § 2.111(b), has been filed and the correct fee has been submitted, the Trademark Trial and Appeal Board shall prepare a notification which shall identify the title and number of the proceeding and the registration(s) involved and shall designate a time, not less than thirty days from the mailing date of the notification, within which an answer must be filed. If a party has provided the Office with an email address, the notification may be transmitted via email.
As provided by 37 CFR § 2.105(a) and 37 CFR § 2.113(a), in part, the Board’s notification of the filing of an opposition or petition to cancel "shall designate a time, not less than thirty days from the mailing date of the notification, within which an answer must be filed." A defendant is under no obligation to file an answer to the complaint in an opposition or cancellation proceeding until it receives the Board’s notification setting the time for filing an answer. [ Note 1.]
It is the general practice of the Board to allow the defendant in an opposition or cancellation proceeding 40 days from the mailing date of the notification in which to file its answer.
For information on the time for filing an answer to a counterclaim, see TBMP § 313.06.
NOTES:
1. Cf. Nabisco Brands Inc. v. Keebler Co., 28 USPQ2d 1237, 1238 (TTAB 1993).