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.
Latest posts by Vic Lin (see all)
- Can you renew a patent? - January 21, 2020
- Too late to patent? Patenting after product sales or public disclosures - January 20, 2020
- How much do foreign patents cost? - January 17, 2020