When you apply for a trademark, the process involves several key steps, including the publication of your trademark and a subsequent opposition period. Here's a detailed look at these stages and what they entail.
Publication of a Trademark
Once your trademark application is reviewed and approved by the United States Patent and Trademark Office (USPTO), it is published in the Trademark Official Gazette (TMOG). This publication serves as a public notice that the USPTO intends to register your trademark. The publication marks the beginning of a 30-day opposition period.
Opposition Period
During the 30-day opposition period, any party who believes they may be harmed by the registration of your trademark can file a Notice of Opposition. This initiates a legal proceeding with the Trademark Trial and Appeal Board (TTAB). If no opposition is filed within this period, your trademark proceeds to the next stage of the registration process.
Trademark Oppositions are Rare.
According to recent data, approximately **2-3% of trademark applications** face opposition³(https://www.uspto.gov/learning-and-resources/statistics). This statistic highlights the importance of ensuring your trademark is unique and does not infringe on existing trademarks.
Cost of Opposing a Trademark
The cost of opposing a trademark can vary significantly. Here are some key points to consider:
- Filing Fees: The government fee for filing a Notice of Opposition with the USPTO is $600 per class.
- Legal Fees: If you choose to hire an attorney, legal fees can range from a few thousand dollars to over $30,000, depending on the complexity of the case.
- Additional Costs: Other costs may include expenses related to gathering evidence, expert witness fees, and other litigation-related expenses
Navigating the trademark publication and opposition process can be complex. It's crucial to understand each step and be prepared for potential oppositions. If you need assistance with your trademark application or opposition, our experienced legal team is here to help. Contact us today for a consultation.