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The Trademark Trial and Appeal Board decides who gets to keep a federal registration. We represent Minnesota businesses filing oppositions and cancellations, and defending their own applications and registrations against challenges.
Flat, published fees · Offices in St. Paul & Coon Rapids · 100% recommend on Facebook (100+ reviews)
Short answer: An opposition is a challenge to a pending trademark application, filed within 30 days after the mark is published (or within an approved extension of up to 180 days from publication). A cancellation is a petition to remove a mark that has already registered. Both are decided by the Trademark Trial and Appeal Board (TTAB) at the USPTO. The TTAB decides registration rights only; it cannot award money damages or stop someone from using a mark.
| Service | What's included | Fee |
|---|---|---|
| Attorney time (opinions, disputes, oppositions, cancellations, assignments, other services) | Hourly attorney rate | $400 / hour |
| Federal trademark application (one class) | $700 legal fee + $350 USPTO filing fee | $1,050 |
Flat fees as published on our fee schedule. USPTO fees are set by the government and can change. Paying a filing fee does not guarantee registration.
When the USPTO approves an application, it is published in the weekly Official Gazette. Anyone who believes they would be damaged by the registration can file a notice of opposition within 30 days, or request extensions of time to oppose. Common grounds include:
Filing an extension request is a low-cost way to preserve your right to oppose while we evaluate the case or reach out to the applicant to negotiate.
A petition to cancel challenges a registration that already exists. Timing matters:
Abandonment is a common ground: if a registrant stops using a mark with no intent to resume, and nonuse for three consecutive years is presumed abandonment, the registration may be cancelled. The USPTO also offers expungement and reexamination proceedings to clear registrations that were never properly used. A Minnesota trademark lawyer can tell you which path is fastest and least expensive.
If you receive a notice of opposition or a petition to cancel, the TTAB sets a deadline to answer, usually 40 days. Missing it can result in default judgment and loss of your mark. We review the claims, preserve your evidence of use and priority, file the answer and any counterclaims, and explore settlement early. Many proceedings end with a negotiated agreement, such as narrowing the goods or services, rather than a final decision.
A fully contested proceeding often takes well over a year. Accelerated case resolution and early settlement can shorten it considerably.
TTAB proceedings are handled by written filings and remote hearings, so Minnesota businesses do not need Washington, D.C. counsel. We represent clients in Minneapolis, St. Paul and across Minnesota in oppositions and cancellations, often alongside a broader enforcement or dispute resolution strategy.
Because a Twin Cities trademark lawyer at our firm also prepares applications and monitors new filings, we often catch conflicts early enough to oppose within the 30-day window, before the other mark registers.
Transparent, flat-fee pricing. Federal applications start at $700 plus the $350 USPTO fee per class. Your Twin Cities trademark lawyer quotes every other service up front, before work begins.
An opposition is a proceeding before the Trademark Trial and Appeal Board in which a party challenges a published trademark application to prevent it from registering.
An opposition must be filed within 30 days after the mark is published in the Official Gazette. Extensions of time can be requested, up to 180 days from publication in total.
A cancellation is a petition to the TTAB to remove a registration that has already issued, on grounds such as likelihood of confusion, abandonment, fraud or genericness.
The TTAB is an administrative tribunal within the USPTO that decides oppositions, cancellations and appeals from refusals to register.
No. The TTAB only decides whether a mark may be registered or should remain registered. Damages and injunctions require a lawsuit in court.
A fully litigated opposition or cancellation often takes well over a year. Many cases settle earlier, sometimes within a few months.
Costs vary widely depending on how far the case goes. Filing an extension or a notice of opposition is relatively modest, while discovery and trial are more expensive. A Minnesota trademark attorney estimates costs at each stage.
The TTAB may enter a default judgment, and your application will be refused. If you received one, contact a Minnesota trademark attorney right away to calendar the answer deadline.
Yes. Prior common-law use can support an opposition based on likelihood of confusion, but you will need to prove the dates and extent of your use.
It is a request that extends the opposition deadline, allowing time to investigate or negotiate. The first 30-day extension is easy to obtain, and further extensions require good cause or consent.
Yes, but only on limited grounds such as genericness, abandonment, fraud, functionality or misrepresentation of source. Likelihood of confusion is generally no longer available after five years.
A mark is abandoned when its use is discontinued with intent not to resume. Three consecutive years of nonuse creates a presumption of abandonment, which can support cancellation.
They are USPTO proceedings created to remove registrations for marks that were never used, or not used as of a key date, for some or all of the listed goods or services.
Yes. Settlements are common, and a Minnesota trademark lawyer can negotiate terms that may involve narrowing the description of goods, adding limits on use, or a coexistence agreement.
No. TTAB proceedings are conducted through written filings, and testimony and oral hearings can be handled remotely, so a Twin Cities trademark lawyer can represent you from Minnesota.
Evidence can include registrations, sales and advertising records, dates of first use, declarations, depositions, consumer evidence and documents obtained in discovery.
Yes. TTAB decisions can be appealed to the U.S. Court of Appeals for the Federal Circuit or challenged by a civil action in federal district court.
Opposing is often cheaper and faster than litigation and prevents the other mark from gaining the benefits of registration. A Twin Cities trademark lawyer can help you weigh both options.
Yes. If your application is refused because of an old registration that is no longer in use, a cancellation or expungement can remove the obstacle. A Minnesota trademark attorney can tell you which proceeding fits.
Call (651) 222-3776 or request a free consultation. A Minnesota trademark lawyer will check the deadlines immediately and explain your options.
Free consultation by phone, video or in person in St. Paul or Coon Rapids.
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Twin Cities Trademarks PLLC · St. Paul & Coon Rapids, MN. This page provides general information, not legal advice for your situation. Contacting us does not create an attorney-client relationship. Fees listed exclude USPTO government fees unless stated and may change; see our pricing page for current figures.
