"notice of opposition"

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: June 2021

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

Over 5,000 U.S. trademark oppositions are filed against trademark applications every year.  Often, the opposer is a competitor of the applicant or a company that believes that it would be damaged if the U.S. trademark application were to proceed to registration.

Here are considerations to take into account when determining whether to file a U.S. trademark opposition:
Continue Reading How to Oppose a U.S. Trademark Application

(This article has been updated for 2021).

How to answer a trademark opposition is an important first step in defending your trademark rights.

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:


Continue Reading How to Answer a 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