Trademark Opposition Notice

A Trademark Opposition Notice is a formal objection filed with the USPTO by a third party who believes that a pending trademark application should not be registered. The notice must be filed within 30 days after the application is published for opposition and must include the grounds for opposition, such as likelihood of confusion with a prior mark, descriptiveness, or fraud. If the opposition is filed, the applicant has 40 days to file an answer and the case proceeds to a administrative trial before the Trademark Trial and Appeal Board (TTAB). The opposer bears the burden of proving its case by a preponderance of the evidence. If successful, the application will be refused registration. If unsuccessful, the application will be allowed to register. Opposition proceedings can be a way for trademark owners to protect their rights and prevent confusingly similar marks from being registered, but they can also be costly and time-consuming.