If you are in trademark litigation and you’ve received a Notice of Opposition or Petition to Cancel from the Trademark Trial and Appeal Board (TTAB), the clock is ticking. You typically have 40 days from the date of service to file a formal answer—or risk default. Too many tech startups, small businesses, or even experienced brand owners assume that if they’ve used a trademark for years, they’re protected. But under U.S. trademark law, ignoring a TTAB complaint leads to one outcome: default judgment. This article explains exactly what a TTAB default judgment means, what rights you lose, and how it can expose you to federal trademark litigation even after your registration is canceled.
What Is a TTAB Default Judgment?
A TTAB default judgment is entered when a party fails to respond to a complaint filed with the Trademark Trial and Appeal Board—whether it’s an opposition against a pending application or a cancellation action against an existing registration.
If you don’t answer the complaint—or don’t request an extension—within the required deadline:
- The opposing party automatically wins the case.
- The TTAB grants the relief requested, which usually includes cancellation of your trademark registration.
- You waive your chance to present a defense or challenge the claims.
Unlike federal courts, the TTAB doesn’t award damages or injunctions. But the loss of federal registration can devastate your brand’s legal standing.
Consequences of a TTAB Default Judgment
Even if you’ve used the mark for 5, 10, or 15 years, the TTAB can cancel your registration if you fail to respond. This strips your trademark of its federal protections under the Lanham Act, including:
- Presumptions of ownership and exclusive rights under Section 7(b)
- Constructive nationwide priority over later filers
- Eligibility for incontestability under Section 15 (after 5 years of use)
- Access to U.S. Customs recordation and enforcement tools
- Standing to bring new TTAB oppositions or cancellations against others
If you’ve continuously used your trademark in commerce, you may still have common law rights in the geographic areas where your brand is recognized. But there’s a major downside:
- You lose federal presumptions, which makes enforcement harder.
- You cannot rely on your old registration to defend or enforce your mark.
- You’ll have difficulty removing infringers on platforms like Amazon, Meta, YouTube, and Etsy—which often require an active federal registration for takedowns.
A TTAB default judgment doesn’t carry the same legal weight as a court judgment—but it sends a signal. If the opposing party later sues you in federal court, they’ll use your default to argue that you abandoned your rights or failed to defend your brand.
Judges tend to look unfavorably on parties who ignore legal proceedings. You may enter litigation with less credibility and less leverage.
Can the Other Side Sue You After a TTAB Default Judgment?
Can the Other Side Sue You After a TTAB Default Judgment?Yes, and this is critical to understand. Even after a TTAB default judgment, the opposing party can still file a trademark infringement lawsuit in federal court under Section 32 or 43(a) of the Lanham Act.
So, does claim preclusion apply? Usually not.
Why the TTAB Judgment Doesn’t Block Future Lawsuits:
- The TTAB has limited jurisdiction. It handles registrability only, not infringement, damages, or injunctive relief.
- No “full and fair” litigation occurred if you defaulted. Under the Supreme Court’s decision in B&B Hardware, Inc. v. Hargis Industries, Inc., preclusion requires that the issues and litigation context be materially the same—and that both parties fully participated.
- You still face exposure to injunctive relief, attorney’s fees, and even treble damages in federal court, especially if willful infringement is alleged.
Bottom line: Defaulting at the TTAB doesn’t shield you—it leaves you vulnerable.
Common Misconceptions About TTAB Proceedings
❌ “I’ve used my mark for years, so I’m safe.”
Not true. Federal registration can still be canceled through opposition or cancellation, especially if someone else can show priority or likelihood of confusion.
❌ “It’s just an admin board, not real court.”
Wrong again. The TTAB is a formal tribunal. Its decisions affect your legal rights, and losing at this level can severely damage your brand’s enforceability.
❌ “They don’t have a strong case.”
Even a weak case can win by default if you fail to respond. The strength of their arguments doesn’t matter if you don’t show up.
What You Should Do If You Receive a TTAB Complaint
✅ Respond Promptly
You have 40 days from service to respond. If needed, request an extension—but do not ignore the deadline.
✅ Evaluate the Claims
Even if the complaint alleges “priority and likelihood of confusion,” that doesn’t mean they’ll win. You may have strong defenses, especially if:
- You’ve used the mark continuously in commerce
- There’s no real market overlap
- Your brand has acquired distinctiveness
✅ Consult Trademark Attorney
A trademark attorney can help you:
- File a timely and strategic answer
- Consider settlement, consent agreements, or coexistence strategies
- Preserve your federal rights and registration status
- Avoid escalating to federal court
Ignoring a TTAB Complaint Is a Costly Mistake
A TTAB default judgment may not feel like a big deal at first—but the long-term damage to your brand can be severe. Losing your federal registration weakens your ability to expand, enforce, and monetize your trademark.
Even worse, you may be exposing yourself to federal trademark litigation, where the stakes—injunctions, monetary damages, and legal fees—are much higher.
Whether you’re a startup with a fresh brand or an established company defending a long-used mark, always take TTAB complaints seriously.
David Nima Sharifi, Esq., founder of L.A. Tech and Media Law Firm, is a leading authority in TTAB litigation, trademark enforcement, and brand strategy. With over 25 years of experience and recognition as one of the Top 30 New Media and E-Commerce Attorneys by the Los Angeles Business Journal, he helps clients navigate trademark disputes with clarity and precision.
Schedule your confidential consultation now by visiting L.A. Tech and Media Law Firm or using our secure contact form.
