Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Disputes & enforcement guide
Short answer: A trademark opposition is a proceeding at the USPTO’s Trademark Trial and Appeal Board (TTAB) in which a third party asks the Board to refuse registration of your published mark. It can only be filed during a short window after publication — 30 days, extendable to up to 180 days. If you are the applicant, you generally have 40 days to answer once the Board institutes the case.
When can someone oppose a trademark?
After the examining attorney approves an application, the mark is published in the USPTO’s Official Gazette. Anyone who believes they would be damaged by the registration has 30 days from publication to file a notice of opposition, or to request an extension. Extensions can stretch the window to a maximum of 180 days from publication.
Why do people file oppositions?
- Likelihood of confusion with the opposer’s earlier mark — by far the most common ground.
- Descriptiveness or genericness — the opposer argues the mark should stay free for everyone to use.
- Dilution of a famous mark.
- Lack of bona fide intent to use the mark, for intent-to-use applications.
- Fraud on the USPTO, which requires proof of intent to deceive.
How does a trademark opposition work?
- Notice of opposition: The opposer files its claims with the TTAB.
- Answer: The applicant generally has 40 days from the institution order to file an answer. Missing it can lead to a default judgment.
- Discovery conference and discovery: The parties exchange information and documents, much like a lawsuit.
- Trial periods: Each side submits evidence and testimony in writing.
- Briefs and decision: The Board issues a written decision, which can be appealed.
A fully litigated opposition commonly takes two to three years, but most never get that far.
How do most trademark oppositions end?
Most oppositions settle. Common outcomes are a coexistence agreement, an amendment that narrows the applicant’s goods or services, a change to the mark, or the applicant abandoning the application. Settlement talks often start as soon as the extension requests begin.
What if someone filed an extension to oppose my trademark?
An extension request is a warning sign. It often means the potential opposer is evaluating your mark or hoping to negotiate. That is a good time to contact them, through counsel, and explore whether a narrow amendment or coexistence terms would resolve the concern before a formal case is filed.
Can I oppose someone else’s trademark?
Yes, if you believe their registration would damage you, most often because their mark is confusingly similar to yours. Trademark monitoring is how most businesses learn about conflicting applications in time to act within the opposition window. If you miss the window, a petition to cancel the registration may still be available.
Frequently asked questions
How long do I have to oppose a trademark?
You have 30 days from the date the mark is published in the Official Gazette. You can request extensions that extend the deadline up to a maximum of 180 days from publication.
How long do I have to answer a notice of opposition?
The applicant generally has 40 days from the date the TTAB institutes the opposition to file an answer. Missing the deadline can result in a default judgment.
How long does a trademark opposition take?
A fully litigated opposition commonly takes two to three years, though many settle much earlier through coexistence agreements or amendments.
What happens if I lose a trademark opposition?
Registration of your application is refused for the goods or services at issue. A loss at the TTAB does not by itself decide whether you can keep using the mark, but it is a strong signal of risk.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.
Trademark strength guides
Where a name falls on the distinctiveness spectrum decides how easily it registers and how far your rights reach. Our Minnesota trademark attorney guides cover each category:
- Fanciful trademarks: invented words, the strongest protection
- Arbitrary trademarks: real words used for unrelated products
- Suggestive trademarks: names that hint without describing
- Descriptive trademarks: registrable only with acquired distinctiveness
- Generic trademarks: never protectable, and how to avoid genericide