What is a TTAB Notice of Opposition?

After a trademark application has been preliminarily approved by the USPTO examining attorney, the pending application will be published for opposition – i.e., made available during a 30-day window, which can be extended, for any third party to file a challenge called a Notice of Opposition.

A Notice of Opposition is a complaint filed by a third party who opposes the registration of your mark. The filing of the Notice of Opposition with the Trademark Trial and Appeal Board (TTAB) of the USPTO creates a trademark opposition proceeding which is essentially a mini-litigation. The TTAB will issue a scheduling order containing relevant deadlines.

Keep in mind that the issues litigated in a trademark opposition relate only to the registration of the mark, and not the applicant’s right to use the mark.

Here’s a helpful article on how to respond to a TTAB Notice of Opposition.

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Vic Lin

Vic Lin

Startup Patent Attorney | IP Chair at Innovation Capital Law Group
We love working with startups and small businesses. I help entrepreneurs protect their intellectual property so they can reach their business goals.