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.