You applied to register a trademark, responded to any questions from the examining attorney, and received approval for publication. Then another business filed an opposition. This does not necessarily mean you will lose your trademark rights, but it does prevent the application from moving toward registration until the dispute is resolved.
A trademark opposition is a formal legal proceeding with deadlines and procedural rules. How you respond can affect both your federal application and your ability to protect the brand you have built.
Why Would Someone Oppose a Trademark?
After the United States Patent and Trademark Office approves an application, the mark is published in the Trademark Official Gazette. Publication gives anyone who believes the registration may harm them 30 days to file an opposition or request additional time to do so.
Oppositions are decided by the Trademark Trial and Appeal Board, or TTAB, an administrative tribunal within the USPTO. Common grounds for opposition include allegations that:
- The proposed mark is likely to cause confusion with an earlier trademark
- The mark is merely descriptive or generic
- The applicant did not have a genuine intent to use the mark
- The mark would dilute a famous trademark
The opposer must have a real interest in the proceeding and a reasonable belief that the registration would cause damage. Filing an opposition does not prove the allegations or establish that the opposer owns superior rights.
What Happens After an Opposition Is Filed?
The TTAB issues an institution order that formally begins the case and sets its schedule. For proceedings instituted on or after September 4, 2025, the initial period for filing an answer is generally 60 days. The date listed in the order controls, so read the document carefully rather than calculating the deadline yourself.
A TTAB opposition resembles litigation in several ways, with document exchanges, depositions, evidence, briefs, and often motions or settlement discussions along the way.
The TTAB generally decides whether the challenged mark may be registered. It does not award damages or issue an injunction prohibiting someone from using a mark, though the same dispute could still lead to a separate infringement lawsuit in federal court.
How Should You Respond?
Do not ignore the opposition. Missing the answer deadline may result in a default judgment and the loss of your application.
Start by reviewing each allegation and gathering records related to your mark, including when you first used it, how it appears in advertising or packaging, and the customers and markets your business serves. Your answer must respond to the numbered allegations in the notice of opposition, and depending on the facts, it may also assert defenses or counterclaims challenging a registration owned by the opposer. Base your response on a careful evaluation of the parties’ actual trademark rights, not just a blanket denial.
The strength of the opposition often turns on more than whether the marks look or sound alike. In a likelihood-of-confusion dispute, the parties may disagree about the relatedness of their goods or services, trade channels, customers, and evidence of actual confusion.
Can a Trademark Opposition Be Settled?
Many opposition proceedings end without a final TTAB decision. The parties may negotiate limits on the goods or services identified in an application, amend how a mark is presented, agree to use their marks in different markets, or enter into a coexistence agreement.
Settlement is not appropriate in every case, and an agreement between the parties does not automatically bind the USPTO. Still, a negotiated resolution may protect important business interests while avoiding the cost and uncertainty of a full proceeding.
Talk Directly With a Trademark Attorney
A trademark opposition rarely comes down to just the marks themselves. What’s really at stake is your application and, often, the broader branding strategy behind it. At The Russell Firm, you work directly with attorney Erin Russell, who handles trademark disputes and litigation for businesses and individuals. She can review the opposition, assess the parties’ respective rights, and help you decide whether litigation or a negotiated resolution makes more sense.
If you’ve received notice of a trademark opposition, reach out today. Let’s talk about what happened and what comes next.
