Trademark applicants who are faced with a notice of trademark opposition have many online resources available to them in order to better acquaint themselves with the various statutes and rules that govern trademark opposition proceedings.  

The United States Patent and Trademark Office website is the first and primary resource for learning about trade Mark oppositions. 

Contacting a trademark opposition lawyer for a free initial consultation is another prudent course of action.

Trademark oppositions are heard before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.  Each and every party, whether an applicant or opposer, must follow specific and detailed trademark rules found in the code of federal regulations (CFR) and set forth in the Trademark Board Manual of Procedure (TBMP). The TBMP contains mutliple chapters and subsections of rules pertaining to trademark opposition disputes. Chapters include some of the following subject areas:

1. General information
2. How to file an extension of time to oppose
3. Pleadings
4. Discovery
5. Stipulations and motions
6. Withdrawal; settlement
7. Trial procedure and evidence
8. Trial briefs and final decision

Each of the above chapters pertain to specific procedural phases of a trademark opposition case. The three major phases consist of pleadings, discovery, and trial. At each level of a trademark opposition case, there are numerous procedural and substantive requirements that must be met. While the Trademark Board permits individuals to represent themselves in a trademark opposition matter, it has very little patience for parties who fail to consistently follow the rules.

When faced with a notice of trademark opposition, it is advisable to immediately contact an experienced trademark opposition lawyer to review your case and discuss your rights and options moving forward. 

Speaking with a trademark notice of opposition attorney is often free for the first conversation. 

During this conversation, be sure to ask about the trademark lawyer fees and whether they will represent you for a flat fee rather than on an hourly basis.

Need advice on trademark opposition rules? Contact us now, and we’ll get back to you soon! We’re always ready to help.

Tags: "notice of trademark opposition", "trademark lawyer fees", "trademark opposition lawyer"
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Photo of James Hastings James Hastings

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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