A trademark opposition is the result of a third–party filing a notice of opposition against a trademark owner’s application for registration of their trademark. A notice of opposition must be filed within 30 days after publication of the trademark application the official Gazette of the United States patent and trademark office.

The notice of opposition must include, at a minimum, the following allegations:

1.  the name of the opposer

2.  an allegation that the opposer believes it will be damaged by registration of the trademark

if the opposer is a corporation, a person who is duly authorized must sign the notice of opposition, or, if the opposition is being filed by an attorney, then the attorney will sign on his/her clients behalf.

The applicant has 40 days in which to answer, move, or otherwise plead to the notice of opposition. Note that trademark oppositions are governed by the trademark board manual of procedure (TBMP) which comprises specific and detailed rules that the parties must follow during the course of the trademark opposition proceeding. The failure to follow the trademark board rules can result in your trademark opposition case being dismissed (if the opposer) or judgment in favor of the opposer (if the applicant). Therefore, it is vital to speak with a qualified trademark opposition lawyer as soon as possible.

A skilled trademark opposition attorney can help you assess and review any claims or defenses that you may have as well as discuss possible settlement options that could save you time and money with your trademark opposition dispute.

Tags: "trademark notice of opposition", "trademark opposition attorney", "trademark opposition"
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James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board Practice Group of Practus, LLP.  He is a certified mediator of the INTA Panel of Mediators, an international roster of select professionals with expertise in trademark dispute resolution.

James is…

James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board Practice Group of Practus, LLP.  He is a certified mediator of the INTA Panel of Mediators, an international roster of select professionals with expertise in trademark dispute resolution.

James is the publisher of Trademark Opposition Lawyer, an online advisory dedicated to helping brand owners understand important issues that arise in proceedings before the U.S. Trademark Trial and Appeal Board.  His commentary has been featured on Corporate Counsel, Law.com, LegalZoom,and other digital publications.

He devotes his practice to trademark opposition and trademark cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.  Over the course of his career, he has represented the interests of numerous national and international brand owners in trademark litigation matters in both the U.S. District Courts and before the U.S. Patent and Trademark Office.

Prior to his current affiliation with Practus, LLP, James was in-house counsel to a New England-based catalog retailer, where he was responsible for developing trademark portfolio acquisition, protection, and licensing strategies.  Earlier in his career, he was a partner and associate at intellectual property law firms in New York, where he was engaged in trademark portfolio and intellectual property protection work on behalf of well-known fashion and personal care brands.

James is a member of the New York and Connecticut bars.  He has lectured at University MBA programs and legal education conferences on the issues of trademark protection and e-commerce law.

Past and Present Membership

  • International Trademark Association
  • Association Corporate Counsel

  • National E-tailing and Mail Order Organization of America

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