Trademark Oppositions
Navigating the trademark opposition process can be complex, whether you are challenging a trademark application or defending your own. Our law firm represents both petitioners and trademark applicants/respondents, providing expert guidance through every step of the process.
What is the Trademark Opposition Period?
The trademark opposition period is a critical phase in the trademark registration process. After a trademark application is approved by the United States Patent and Trademark Office (USPTO), it is published in the Official Gazette. This publication serves as a public notice, allowing anyone who believes they may be harmed by the registration to oppose it.
- Duration: The opposition period lasts for 30 days from the date of publication.
- Extensions: If more time is needed to prepare an opposition, an extension of time can be requested. Extensions can be granted for up to 90 days, with a possible further extension of 60 days if good cause is shown.
The Opposition Procedure
The opposition procedure involves several key steps:
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Notice of Opposition: The opposing party (petitioner) files a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). This document states the grounds for opposition, such as likelihood of confusion, descriptiveness, or non-use.
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Answer: The trademark applicant (respondent) must file an answer to the Notice of Opposition, addressing each claim made by the petitioner.
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Discovery: Both parties engage in a discovery process, where they exchange evidence and information relevant to the case.
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Trial: The TTAB conducts a trial, which may include written briefs, depositions, and oral arguments.
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Decision: The TTAB issues a final decision based on the evidence and arguments presented. An unfavorable decision can be appealed to the United States Court of Appeals for the Federal Circuit.
Representing Petitioners and Respondents
Our law firm is experienced in representing both petitioners and respondents in trademark opposition proceedings. Whether you are seeking to oppose a trademark application or defend your own, we provide comprehensive legal support, including:
- Filing Notices of Opposition: We help petitioners prepare and file detailed Notices of Opposition, ensuring all legal grounds are thoroughly addressed.
- Responding to Oppositions: For respondents, we craft strong answers to opposition notices and develop strategies to defend your trademark.
- Discovery and Trial Preparation: We guide you through the discovery process, gather critical evidence, and prepare compelling arguments for trial.
- Appeals: If necessary, we represent clients in appeals to higher courts, striving to achieve the best possible outcome.
For more detailed information on the trademark opposition process, you can visit the following USPTO pages:
If you have any questions or need assistance with a trademark opposition, please contact our law firm. We're here to help you protect your brand and navigate the complexities of trademark law.
The Colorado trademark opposition attorneys at Thomas P. Howard, LLC have handled multiple trademark opposition proceedings on behalf of Thomas P. Howard's clients, and our attorneys are quite familiar with the law relevant to these matters. For a free consult regarding trademarked opposition issues, simply e-mail us, or call us at (303) 665-9845.