Trademark Opposition: What You Need to Know
When to file an opposition, what it costs, the timeline involved, and how to protect your brand before a conflicting mark registers.
What Is a Trademark Opposition?
A trademark opposition is a legal proceeding before the Trademark Trial and Appeal Board (TTAB) that allows anyone who believes they would be damaged by the registration of a mark to challenge it. Oppositions must be filed during the 30-day publication period after the USPTO approves a mark for registration — or during any extension of that period.
When to File an Opposition
Common grounds for filing an opposition include situations where a newly published mark is confusingly similar to your existing mark, where the applicant's mark is likely to dilute your famous mark, where the mark is merely descriptive or generic for the goods, or where the applicant committed fraud in the application. The most common ground is likelihood of confusion with a prior mark.
The Opposition Timeline
The opposition window opens when a mark is published in the Official Gazette. You have 30 days to file an opposition or request a 30-day extension of time (which is granted automatically). Additional extensions of up to 120 days are available upon a showing of good cause. Once filed, the proceeding resembles a civil lawsuit: there are answer, discovery, trial, and briefing phases. The entire process can take 12-24 months.
Cost of Filing an Opposition
The USPTO filing fee for an opposition is $600 per class (or $400 per class using ESTTA). Attorney fees vary widely depending on the complexity of the case. Simple cases that settle early may cost $5,000-$15,000, while fully litigated proceedings can cost $50,000 or more. Many oppositions settle through negotiated agreements before reaching trial.
Alternatives to Opposition
Before filing a formal opposition, consider sending a cease-and-desist letter or attempting to negotiate a coexistence agreement. These approaches are often faster, cheaper, and less adversarial. If the applicant's mark hasn't yet been published, filing a Letter of Protest with the USPTO is another option.
Disclaimer: This article provides general information about trademark law and is not legal advice. Every situation is unique, and the information here may not apply to your specific circumstances. Consult a licensed attorney for advice tailored to your situation.
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