Trademark Opposition Lawyer

A trademark opposition is a formal proceeding filed with the Trademark Trial and Appeal Board (TTAB) that challenges a published trademark application before it registers. Any party who believes they would be damaged by registration of the mark can file an opposition within 30 days of the publication date, or within an extended period obtained through a timely extension request. A party domiciled in the United States or its territories does not need a lawyer to file a notice of opposition; a party domiciled elsewhere must be represented by a U.S.-licensed attorney. The proceeding is structured like civil litigation, with discovery, testimony periods, and legal arguments. We recommend representation by a trademark lawyer.

If, on examination, an applicant for the Principal Register appears entitled to registration, the USPTO publishes the mark for opposition (15 U.S.C. § 1062(a)). Any person who believes they would be damaged by the registration has 30 days from the publication date to file a notice of opposition or request an extension of time. A first 30-day extension is granted on request, a 90-day first extension or a further 60-day extension requires good cause, a final 60-day extension requires the applicant's consent or extraordinary circumstances, and the opposition period cannot be extended beyond 180 days from publication (37 C.F.R. § 2.102(c)). After the full extension period expires, the application proceeds toward registration unless the opposition is already on file.

Yes. Federal trademark registration is not required to file an opposition. You can oppose based on common-law trademark rights established through prior use in commerce, a pending application with an earlier filing date, or other grounds such as fraud on the USPTO, likelihood of dilution, or prior use of a geographically descriptive term. The strength of an unregistered rights opposition depends on the quality and geographic scope of the evidence of prior use.

Likelihood of confusion is one ground: registration can be refused for a mark that so resembles a mark registered in the USPTO, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely to cause confusion. Other grounds include that the mark is merely descriptive of the goods or services, or that the application was filed fraudulently. An opposer may plead more than one ground where the evidence supports it.

For fiscal year 2026, the USPTO reported that TTAB trial cases, which include oppositions, took an average of 152.7 weeks (median 135.6 weeks) from commencement to completion; those figures exclude decisions issued as precedents, considered for issuance as such, or with anomalous prosecution histories. When parties settle, the settlement can take the form of a consent agreement or a coexistence arrangement.

When your application receives a notice of opposition, the Trademark Trial and Appeal Board sets the deadline for your answer in its institution order; for institution orders issued on or after September 4, 2025, the initial answer period is 60 days. The answer must respond to each claim and admit or deny the opposer's allegations. If no answer is filed in time, the opposition may be decided as in case of default. We recommend having a trademark lawyer review the notice and assess the strength of the opposing party's claimed rights relative to your own before you decide whether to defend, negotiate, or consent.

Yes. A settlement of a TTAB opposition can take the form of a consent agreement or coexistence arrangement that defines the boundaries of each party's trademark rights: geographic limits, product category restrictions, and mutual non-interference provisions. The opposer may withdraw the opposition without prejudice before the answer is filed; after the answer is filed, withdrawal without prejudice requires the applicant's written consent.

If the opposition succeeds, the TTAB issues a decision refusing registration of your application. The TTAB decides only rights of registration, so its decision does not itself order you to stop using the mark, but that application will not register. If you used the mark before the opposer filed its own application and have not abandoned it, the opposer's filing date, if its application registers, does not give it nationwide priority over you. A party dissatisfied with a final TTAB decision can file a notice of appeal to the Federal Circuit or commence a civil action in federal district court within 63 days of the final decision, subject to 37 C.F.R. § 2.145(d)–(e), including the reset after a timely request for rehearing, reconsideration, or modification, nonbusiness-day rules, and authorized extensions.

A trademark opposition challenges an application that has been published but not yet registered. It takes place during a defined window before the registration issues. A trademark cancellation challenges a mark that has already registered. Cancellation proceedings also take place at the TTAB, but the grounds for cancellation differ: some grounds are only available for the first five years after registration, while others (like genericness or fraud) can be asserted at any time. Cancellation is generally more difficult to win than opposition because the registered owner has the presumption of validity in their favor.

As of November 3, 2026, the USPTO fee for an electronically filed notice of opposition is US$600 per class. I assess the likely cost of each path and provide a clear budget before any proceeding begins.