You’ve spent time and money building a unique brand. But what if someone else tries to register a trademark that looks or sounds a lot like yours? That’s where a trademark opposition comes in.
Filing an opposition is your legal right—and often your best chance to stop a confusing trademark before it becomes a bigger problem. In this blog, we’ll break down when and why you should file a trademark opposition and how the process works.
What Is a Trademark Opposition?
A trademark opposition is a legal action you can file to stop another person or business from registering a trademark that could harm your brand. It happens during a specific window—after the United States Patent and Trademark Office (USPTO) approves the trademark application for publication, but before the trademark becomes fully registered.
Once an application is published in the USPTO’s Official Gazette, anyone who believes they could be harmed by the registration has a limited amount of time to oppose it.
Stat to know: In 2023, more than 40,000 trademark oppositions were filed with the USPTO. Most of these were from businesses trying to protect their names, logos, and reputations from lookalike or conflicting trademarks.
When Can You File a Trademark Opposition?
After a trademark application is approved by the USPTO, it’s published in the Official Gazette, a public notice that gives others a chance to object. From the date of publication, you have 30 days to do one of the following:
- File a Notice of Opposition, or
- File a request for a 30-day extension to give you time to decide or prepare your case
In total, extensions can provide up to 180 days from the date of publication, but only if each stage is filed correctly and on time. If you miss the window, the trademark will likely be registered, and challenging it afterward becomes significantly harder and more expensive.
Why Should You Oppose a Trademark?
There are several legally valid reasons to oppose a trademark application:
1. Likelihood of Confusion
If the new trademark looks, sounds, or has a meaning that is similar to yours, it could confuse consumers. This is the most common reason for filing an opposition.
2. Dilution of a Famous Trademark
Even if customers wouldn’t be confused, a new mark can harm the strength or reputation of a famous brand through blurring or tarnishment.
3. Descriptive or Generic Terms
Trademarks that are too generic (e.g., “Delicious Pizza”) or purely descriptive often aren’t eligible for protection. If someone tries to register one, you can object.
4. Bad Faith or Fraud
If you believe someone is attempting to copy your brand, acting dishonestly, or hiding key facts from the USPTO, that’s a serious basis for opposition.
Example: A company files “Nikee Shoes” for athletic gear. Even though it’s spelled differently, it could still cause confusion and damage Nike’s brand.
Who Can File a Trademark Opposition?
You don’t have to be a large corporation to protect your rights. Anyone who believes they would be harmed by the registration of the trademark can file an opposition. This includes:
- Registered trademark owners
- Applicants with a pending trademark that might conflict
- Common law users (those using a name or logo in commerce without a federal registration)
If you’ve been using your brand in business—even without registration—you may still have enforceable rights under U.S. trademark law.
How to File a Trademark Opposition (Step-by-Step)
Step 1: Monitor the USPTO Official Gazette
The Gazette is published online every Tuesday. You or your attorney can review it manually or use a trademark watch service that alerts you when similar marks are published.
Step 2: Decide Whether to Oppose
Talk with a trademark attorney. They’ll help you evaluate the risks, the strength of your case, and whether opposition is your best option.
Step 3: File a Notice of Opposition
This must be submitted through the Trademark Trial and Appeal Board (TTAB) using the USPTO’s electronic filing system. Your filing must include:
- Your contact information
- A description of your existing trademark and how it’s used
- The legal grounds for your opposition
- A filing fee (currently $600 per class of goods/services challenged)
Step 4: Prepare for TTAB Proceedings
Once your opposition is accepted, the case proceeds similarly to a civil lawsuit—but it’s handled entirely through written submissions, not court appearances. The process includes:
- Discovery (exchanging documents and evidence)
- Written motions and legal briefs
- A final decision by the TTAB (no in-person trial unless both sides request it)
At any point, both parties can settle or negotiate a resolution, such as narrowing the scope of the trademark or agreeing to coexist under certain terms.
What Happens If You Win the Opposition?
If the TTAB rules in your favor:
- The trademark application will be denied
- The applicant will not be allowed to register or use the trademark for the listed goods/services
- Your brand stays protected and distinct in the market
What Happens If You Lose?
If you lose the opposition:
- The trademark will be registered
- The applicant gains legal protections for their mark
- You may need to re-evaluate your brand strategy or file a lawsuit in federal court
Losing at the TTAB doesn’t always end the road. If you have strong common law or registered rights, you may still be able to pursue the matter in court.
Tips for a Strong Trademark Opposition
- Act quickly. You have only 30 days from publication to respond.
- Provide clear, dated evidence showing your use of the trademark in commerce.
- Consider hiring a trademark attorney to help you build a strong case.
- Be open to settlement—many disputes are resolved through agreements before reaching a final decision.
Pro tip: According to USPTO data, more than 95% of trademark opposition cases are settled before trial, saving time, stress, and legal costs.
Alternatives to Filing an Opposition
Filing a full opposition isn’t always necessary. Consider these alternatives:
- Letter of Protest: You can file this before the trademark is published, asking the USPTO to deny the application based on evidence you provide.
- Cease-and-Desist Letter: A direct message to the applicant asking them to withdraw or modify the mark.
- Negotiation or Coexistence Agreement: You may reach out to the applicant and negotiate terms under which both marks can coexist without confusion.
These options are less formal and often less expensive than a full opposition.
Final Thoughts
Filing a trademark opposition might be the key step that protects your brand from confusion or dilution. If you spot a name, logo, or slogan that’s too close to yours in the USPTO’s Official Gazette, don’t wait. Take action during the opposition window, and stand up for your brand.
Your trademark is a valuable business asset. Protecting it early helps preserve its uniqueness, strength, and market trust.
Helpful Links:
- USPTO Official Gazette: uspto.gov/og/trademark
- Trademark Trial and Appeal Board: uspto.gov/ttab
- TTAB Manual (TBMP): tbmp.uspto.gov