"notice of opposition"

The Hook ’em Horns of the University of Texas earned a big win in a recent trademark opposition proceeding.  This is an interesting sports trademark case.

The case, the Board of Regents of the University of Texas v. Kendall A. Beaver, was brought by UT against the owner of the following trademark application:

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The Applicant’s

This is a second-part of an article regarding U.S. Trademark Opposition strategies.

U.S. trademark opposition proceedings need not be expensive or protracted.  This is one of the surprising conclusions for global trademark owners who seek to protect their rights in the United States.

Commencement of action.  Under U.S. law, trademark applications that have been approved

Third-parties routinely seek extensions of time to file a Notice of Opposition against pending trademark applications.  The time to oppose a trademark application is 30 days from the date of publication.   An additional 30-day extension will be granted upon request, while 90 day extensions must allege good cause.

Below is a list of representative trademark

Updated: January 2022

U.S. Trademark Opposition: FAQ

A trademark opposition is a contested proceeding before the U.S. Trademark Trial and Appeal Board.   Any third-party may oppose the trademark application of another party.  An opposition may be filed only when the subject application is published in the Official Gazette of the U.S. Patent and Trademark Office.  The time to file an opposition is within 30 days of publication.  Extensions of time to file an opposition may be granted for an additional 30 days upon request, and up to 90 days for good cause shown.Continue Reading Trademark Opposition Checklist for Opposers

(This article has been updated for 2022).

How to answer a trademark opposition is an important first step in defending your trademark rights. This guide brings everything you need to know about answering a trademark opposition.

What is a Notice of Opposition?

Trademark opposition proceedings are contested matters before the U.S. Trademark Trial and Appeal Board (TTAB).  

The complaint, known as a Notice of Opposition, is filed by the Opposer, who may allege several grounds for refusal of a trademark application.   

Once the Notice of Opposition has been served upon the Defendant, the TTAB will issue an Order setting forth the relevant dates for each successive phase of the proceeding.  

This includes the time to file an Answer, the initial conference, initial disclosures, discovery, and trial dates.  

The failure to comply with the case management dates could irreversibly jeopardize a party’s rights.

Here are six steps to consider when preparing and filing an Answer to a Notice of Opposition

How to Answer a US Trademark Opposition? Six Steps to Consider

Continue Reading How to Answer a US Trademark Opposition?

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When your company is faced with a trademark opposition,  there are many misconceptions of what it is and what it is not.  Be sure to have a clear understanding of what to expect to help guide your decision making process.

Governing Rules.  Trademark oppositions in the United States are heard before the U.S. Trademark Trial