James Hastings

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(This article has been updated for 2025).

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?

In a case that could have far-reaching implications, the U.S Supreme Court  has ruled that an Asian-American rock band is entitled to a federal trademark registration of its name.

The band, The Slants, had originally had its trademark application refused by the Trademark Office because “the applied-for mark consists of or includes matter which may…

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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…

 In the trademark opposition case, Halo Trademarks Limited v. Halo 2 Cloud LLC,
Trademark imagethe Opposer opposed the intent to use application of Applicant’s mark HALO  for handbags, briefcases,  electric adapters and a wide variety of other business accessories on the ground of likelihood of confusion under Section 2(d) of the Trademark Act.  As the basis

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A commonplace practice of medical patients is growing in popularity with the trademark departments of companies throughout the United States — the legal second opinion.

With companies demanding more from outside trademark law firms, second legal opinions simply make sense. According to a Chicago medical malpractice lawyer, it has been estimated that approximately 40%…