Trademark Opposition Proceedings

Trademark Opposition Proceedings

You’ve applied for a trademark. You’ve responded to any Office actions you received. You discover your mark is published for opposition and you think nothing can stop your mark from getting registered. But then it happens—someone opposes your trademark.

All trademark applications through the USPTO are all published for opposition for 30 days. This means the USPTO includes your mark in the Official Gazette, putting all individuals and companies on notice that your mark will be registered in 30 days if nobody opposes. Some marks go the full 30 days without opposition while others may be opposed by any number of interested third parties.

However, you must respond if you receive a notice of opposition. Failure to respond will lead to cancellation of your trademark application.

Responses can, and do, vary. Some oppositions warrant filing an answer while others merely require negotiating a settlement. Which type of response is right for you depends on the individual circumstances of your application and the opposition filed.

We work with businesses of all shapes and sizes, and we know how important it is to keep your budgets intact. That’s why we try to evaluate the opposition filing from multiple angles to determine the best way to resolve the dispute.