Welcome to Freedom IP Firm
File a Trademark Opposition Before It's Too Late
Safeguard your brand from ambiguity and misuse. The U.S. trademark lawyers provide you with an effortless way to submit an official opposition that is quick, cheap, and backed by professional legal assistance.
Discuss Your Case
The attorneys will analyze the opposition along with the trademark and its utilization and then give honest, professional feedback regarding your chances and choices.
File a Response
If appropriate, we’ll prepare and file your formal response with the USPTO. This includes not only the legal defense preparation but also the settlement negotiations, if desired, all for the fixed fee of $1,200.
Decide How to Proceed
If the case isn’t resolved early, you’ll choose whether to continue toward trial. We’ll guide you through every step and help avoid unnecessary costs where possible.
Trademark Oppositions
Most Trademark Oppositions Can Be Settled or Won
If your trademark is opposed, don't panic. You have 30 days to respond but many oppositions are resolved through settlements or co-existence agreements. Freedom IP Firm offers a simple, transparent way to defend your rights with expert legal support. As the largest trademark law firm in the world, we've helped protect more U.S. trademarks than any other website online.
Trademark Opposition
Freedom IP Firm
Why Filing a Trademark Opposition Matters?
Act fast. Filing an opposition now can assure your brand's protection, cut your expenses, and give you the right to defend your legal position.
Trademark Opposition
A trademark opposition is an official legal dispute an applicant can put forth against a trademark that has been consented to by the USPTO (United States Patent and Trademark Office) but is still not registered. The whole procedure of opposition is carried out by the Trademark Trial and Appeal Board (TTAB).
Through this, non applicants can stop the registration of a mark that conflicts with theirs or a problematic mark, thereby protecting existing trademarks from dilution or encroachment. Freedom IP Firm is there to provide legal guidance to both individuals and businesses in filing and defending trademark oppositions across the country.
When Can You Oppose a Trademark Application?
U.S. trademark opposition is able to be filed only after the respective trademark application has been disclosed in the Official Gazette of the USPTO and the 30 day period for opposition has commenced.
The applicant has a 30 day period starting from the date of publication to compose and file the opposition.
If you require additional time, you can ask for an extension to oppose, which the TTAB may approve.
In Freedom IP Firm, we seize the opportunity to watch over your trademarks and to do trademark opposition searches as a means to spot potential disputes early before they get published.
How to Oppose a Trademark
File a Notice of Opposition:
Submit a formal written Notice of Opposition to the TTAB electronically through the TTAB Center using the official Trademark opposition form.
Pay the Filing Fee:
A fee for filing is demanded for every class of opposition.
Proceed Through the Case:
Following the submission, a reply from the applicant is required. The Trademark opposition proceedings would then go through phases like a lawsuit, including issues of disclosure, submission of evidence, and final arguments.
An experienced Trademark opposition lawyer from Freedom IP Firm can conduct the process in a timely manner, making certain that all the necessary actions regarding deadlines and filings are done correctly.
Trademark Opposition Grounds
Oppositions are customarily lodged based on particular trademark opposition grounds such as:
Likelihood of Confusion:
The applied for mark is too similar to an existing one.
Descriptiveness:
The mark merely describes the goods or services.
Scandalous or Offensive Content:
The mark violates public decency standards.
Other Grounds:
The person seeking registration is not the legitimate owner, has no real intent to use the mark, or the mark is a potential diluter of a well known brand.
Freedom IP Firm provides expert legal guidance in determining the best ground to file or defend an opposition.
Trademark Opposition Timeline
A trademark opposition case can be resolved within 12 to 18 months, on average. It includes phases like filing, response, discovery, and decision. You can also submit a Sample Answer to trademark Opposition as part of your defense if your mark is challenged.
Common Questions: Trademark Opposition
If you have more questions, please give us a call or chat now with one of our Certified Trademark Specialists.
A trademark opposition is an argumentative process. Each other will have the right to oppose the application of the trademark of another party. The opposition to the trademark can be lodged only after the statute application is declared opened in the Official Gazette of the U.S. Patent and Trademark Office.
The grounds upon which trade marks may be opposed include the circumstance that the mark applied for is either substantially identical or deceptively similar to another mark that has been previously registered/applied for in relation to similar/closely related goods and services.
The lower end of the cost range is from $3,000 up to $15,000. Getting an early resolution to the trademark opposition is the best way to reduce its cost very effectively. The earlier the better. If you are the applicant of the trademark (i.e. the defendant), then consider settlement, counterclaims, and any potentially dispositive motions as your options.
2 months Once the counter statement is submitted, the other party has two months to bring forth their supporting evidence related to the opposition. If the opponent does not present evidence (or provide notice of not presenting any evidence) it will be considered as having given up its opposition.
In order to respond to a trademark opposition you have to electronically file an answer via the USPTO's ESTTA system, within a specified time limit (generally 60 days from the day the Trademark Trial and Appeal Board TTAB proceeds against you). Your answer must specifically cover every assertion in the opposition by either admitting or denying it, and you can also add affirmative defenses or counterclaims. If you do not reply on time, a default judgment may be entered against you, and your application may be considered abandoned.
An opposition to a trademark is an attempt to prevent the registration of the applied-for mark, whereas a cancellation is an action to eliminate a mark that has already been registered. Thus, oppositions are directly concerned with trademark applications that are still under consideration.
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