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  • Writer's pictureTodd

What is an Opposition to a Trademark?

As part of the trademark filing process, a necessary step before publication is your mark getting published in the Official Gazette. This is an online publication that comes out every Tuesday. It includes marks published for opposition, registrations that were issued, and marks that were cancelled.

Other parties have 30 days after publication to oppose your mark. Any member of the public who thinks they’ll be harmed by registration of your mark is allowed to oppose it. This is called standing.  

Potential opposers are allowed a certain number of extensions of the deadline, but if you will receive notice if such an extension is requested. Once a potential opposer decides to go through with an Opposition, they may file a Notice of Opposition which starts the legal process before the Trademark Trial and Appeal Board.

Reasons for filing an Opposition include likelihood of confusion, descriptiveness, lack of bona fide intent to use, and/or lack of bona fide use.

The applicant will need to defend against any opposer if they seek registration.

If nobody opposes your mark, congratulations, your application moves on to the next step!

Please note that the information contained in this article is intended for general informational purposes only and not as specific legal advice. The facts of your situation may differ from this general information. It is not intended to and does not in any way establish an attorney-client relationship.

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