Trademark Opposition Attorney

A trademark opposition is a formal challenge filed at the TTAB during the 30-day window after a trademark application is published in the USPTO Official Gazette. Any party who believes they would be damaged by the registration of the mark — most commonly because of likelihood of confusion — can file a notice of opposition. The proceeding follows a formal schedule with pleadings, discovery, testimony periods, and final briefs.

The standard opposition window is 30 days from the date of publication in the USPTO Official Gazette. Extensions of time to oppose are available in 90-day increments, up to 180 days total, upon a request to the TTAB showing good cause. Extensions give you time to evaluate the conflict and negotiate without committing to a full proceeding. Missing all extension deadlines without filing an opposition means the mark registers, and your remedy shifts to a cancellation petition.

The most common opposition ground is likelihood of confusion with an existing mark. Other available grounds include: the applied-for mark is merely descriptive or deceptively misdescriptive; the applicant did not have a bona fide intent to use the mark; the applicant committed fraud on the USPTO in the application; or the mark is primarily merely a surname. Each ground must be pleaded in the notice of opposition and proven through the record.

A TTAB cancellation proceeding is a formal challenge to an existing trademark registration filed after the opposition window has closed. Any party who believes they are damaged by an existing registration can petition for cancellation on grounds of likelihood of confusion, prior use, abandonment, fraud, or genericness. Cancellation proceeds on the same litigation-like schedule as an opposition, but the burden of proof is on the petitioner.

A contested TTAB opposition typically takes 12 to 24 months from filing to final decision, depending on the complexity of the case and whether the parties request extensions during discovery and testimony periods. Many proceedings settle before final decision through a consent or coexistence arrangement. Settlement is often the most cost-effective path when both parties have legitimate interests in their respective marks.

A coexistence agreement is a written agreement between two trademark owners allowing both to use their marks in the marketplace under defined conditions. Common terms include geographic restrictions, class or product-line restrictions, required distinctions in stylization or branding, and notification obligations if one party expands. The USPTO gives significant weight to consent agreements when evaluating likelihood of confusion in an application.

If you receive a notice of opposition and do not file an answer within the deadline set in the TTAB's institution order, the TTAB enters a default judgment against you. The result is a refusal of your trademark application. The filing fee is not refunded. Responding to an opposition, even when the grounds seem weak, is almost always the right strategic choice.

Yes. The Canadian Trademarks Act provides an opposition process for trademark applications filed with the CIPO. After an application is approved for advertisement, any person can file a statement of opposition within two months of the advertisement date. Canadian opposition grounds are broadly similar to USPTO grounds: likelihood of confusion, non-registrability, prior use, and bad faith. I handle Canadian trademark opposition proceedings directly.

The timing is the key difference. An opposition challenges a trademark application before it registers, during the 30-day publication window. A cancellation challenges a trademark registration after it has issued. Both proceedings take place at the TTAB, follow similar procedural rules, and can result in the mark being refused or cancelled. Opposition is generally less costly because it happens earlier in the lifecycle of the mark.

TTAB filing fees are $600 per class per opposition or cancellation petition. Attorney fees for a simple proceeding that settles early run $2,000 to $5,000. A fully contested proceeding with discovery, testimony, and final briefs can reach $15,000 to $30,000 or more. Most proceedings settle before reaching the final brief stage. I quote a range at the start and provide status updates at each phase.