When a trademark application gets published for opposition, it means the United States Patent and Trademark Office (USPTO) is giving the public a chance to weigh in. For 30 days, anyone who believes that application could hurt their own trademark rights can file a formal Opposition. Below, our friends from Trademark Lawyer Law Firm discuss legal moves to protect or defend a brand.
Whether you’re looking to block a confusingly similar mark—or you’ve received notice that someone’s opposing your registration—this phase of the process is critical. And it all starts with one thing: trademark registration.
What Is A Trademark Opposition?
An Opposition is like a mini-lawsuit before the Trademark Trial and Appeal Board (TTAB). It happens after a trademark application is approved by the USPTO examining attorney but before it becomes fully registered.
Here’s the timeline:
- The USPTO publishes the application in the Official Gazette.
- Interested parties have 30 days to file a Notice of Opposition (or request an extension).
- If an Opposition is filed, a TTAB proceeding begins, including pleadings, discovery, and legal briefs.
The stakes are high. If the opposition succeeds, the application dies on the vine. If it fails, the trademark proceeds to registration.
Using Opposition Offensively
Let’s say you’ve already registered your trademark—and then you see someone trying to register a name that’s way too close. Maybe it’s a direct copycat. Maybe it’s different but still likely to confuse your customers.
This is your moment to act.
An Opposition gives you the chance to stop that application before it becomes a federally protected trademark. It’s faster and often less expensive than waiting for the mark to register and then trying to cancel it. It shows you’re actively protecting your turf—and that matters when you’re building brand strength and market trust.
But remember: your case is strongest if your own trademark is registered. That registration gives you presumptive nationwide rights and standing to file the opposition in the first place.
Using Opposition Defensively
Now imagine the tables are turned. You filed your application, got approval from the USPTO, and then someone files an Opposition against you.
It doesn’t mean you’ve done something wrong. It just means another brand owner believes your trademark is too close to theirs—and they’re using the tools available to push back.
In these cases, how you respond matters. You may be able to negotiate a coexistence agreement, adjust your branding, or win the case outright. But your ability to defend your mark depends on how solid your application was, how well you documented your use, and whether your mark is inherently distinctive.
Either way, don’t go it alone. These proceedings are complex, and deadlines are strict.
Registration Is Key
The common thread in all of this? Trademark registration.
Whether you’re filing an Opposition to protect your mark or defending against one, registration gives you credibility, legal standing, and strategic leverage. It allows you to act before confusion happens in the marketplace—not after your customers are already misled.
If you’re serious about your brand, it’s time to treat your trademarks like assets. Because that’s exactly what they are. A trademark infringement lawyer can provide you with legal advice and guidance to protect your brand.