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Our skilled trademark attorneys have extensive experience working with the U.S. Patent and Trademark Office to obtain federal trademark registrations, and litigating trademark rights. Let us help you navigate opposition proceedings.  

The United States Patent and Trademark Office Trademark Trial and Appeal Board handles opposition proceedings in the context of trademark registration. Opposition proceedings occur when a third party opposes the registration of a trademark during the publication period. In summary:

  1. Publication Period: After a trademark application is filed, it goes through an examination process. If the application is approved, it is published for opposition in the Official Gazette.

  2. Opposition Filing: During the publication period, any party with legal standing can file an opposition to the registration. Typically, this is done by parties who believe that the proposed trademark may cause confusion with their existing trademarks or for other legal reasons.

  3. Notice to Applicant: The USPTO notifies the applicant of the opposition filing, and the applicant has the opportunity to respond.

  4. Discovery Period: If the opposition proceeds, a discovery period may follow, during which both parties can gather evidence and information to support their respective positions.

  5. Trial Proceedings: The opposition case may proceed to trial, where both parties present their arguments, evidence, and witnesses. Administrative judges at the Trademark Trial and Appeal Board (TTAB) oversee these proceedings.

  6. Decision: After considering the evidence and arguments, the TTAB issues a decision either sustaining the opposition, allowing the registration, or taking other appropriate actions.

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