Requests for extensions of time to oppose are handled by the Board. See TBMP Ch. 200.

A request for an extension of time must be filed within thirty days after the date of publication in the Trademark Official Gazette, or within an extension period granted by the Board. 15 U.S.C. §1063(a); 37 C.F.R. §2.102(c); TBMP §202.01. The time within which to file a request for extension of time to oppose is set by statute and may not be extended or waived. In re Kabushiki Kaisha Hitachi Seisakusho, Ser. No. 74215986, 1994 Commr. Pat. LEXIS 4, at *3 (Comm'r Pats. 1994); In re Cooper, 1980 Commr. Pat. LEXIS 3, at *4 (Comm’r Pats. 1980).

A request for extension of time to oppose an application based on Trademark Act §1 or §44 must be filed through the Board’s electronic filing system . 37 C.F.R. §2.102(a)(1). If the Board’s electronic filing system is unavailable due to technical problems, or when extraordinary circumstances are present, a request to extend the opposition period for an application based on §1 or §44 may be filed in paper form. 37 C.F.R. §§2.102(a)(1), 2.126(b); TBMP §203.01(a) A paper extension request must be filed by the due date set forth in 37 C.F.R. §2.101(c) and must be accompanied by a petition to Director under 37 C.F.R. §2.146, with the required fees and a showing that the Board’s electronic filing system was unavailable because of technical problems or that extraordinary circumstances are present. 37 C.F.R. §2.102(a)(2); see In re Leader Development, Inc., Ser. No. 98128348, 2025 Commr. Pat. LEXIS 5, at *3-4, *4 & n.6 (Dir USPTO 2025). A paper extension request includes both a physical paper document and an electronic format that mimics the form of paper, such as a PDF document attached to the electronically filed petition to the Director. In re Leader Development, Inc., 2025 Commr. Pat. LEXIS 5, at *4 & n.6. See 37 C.F.R. §2.197 and §2.198, and TMEP §305.02 and §305.03 regarding certificate of mailing and Priority Mail Express® procedures and TBMP §106.03 and §107 for general information regarding permitted paper submissions with the Board.

A request for extension of time to oppose a §66(a) application must be filed through the Board’s electronic filing system and may not be filed in paper form under any circumstances. 37 C.F.R. §2.102(a)(1); TBMP §203.01(a); see In re Börlind Gesellschaft für kosmetische Erzeugnisse mbH, Ser. No. 79000042, 2005 TTAB LEXIS 72, at *2-3 (2005).

For additional information regarding filing a request for an extension of time to oppose, see TBMP Chapters 200 and 300.

When a registration is issued, inadvertently, from an application that was the subject of an unexpired extension of time to oppose on the date of registration, the Board is without authority to cancel the registration and restore it to application status. See TBMP §216. In this situation, a request to have the registration cancelled as inadvertently issued should be directed to the Office of the Deputy Commissioner for Trademark Examination Policy. See TMEP §1609.10(a) regarding correction of USPTO errors.