Part 1 - Timing
- All applications
for registration of a mark on the Principal Register that have passed the
examination stage are published for opposition.
- The publication
opens a thirty-day window period for filing a Notice of Opposition, or a
request to extend the time period for so doing.
- A time extension granted
to one party cannot be used by another party.
- Upon the filing of a
timely and sufficient Notice of Opposition, an inter partes Opposition
proceeding will be declared by the TTAB (Trademark Trial and
publication of an application for registration is actually printed in the
Official Gazette. The date of publication, however, and all relevant
information, is available on the USPTO's website at
The publication date is critical information. The publication opens a 30
day window for filing a Notice of Opposition or a time-extension request.
The date of publication is posted on the website upon its assignment, ahead of
Requests for Extensions of
Time to Oppose:
- Must be made in writing.
- Must identify the potential
opposer with reasonable certainty.
- Must be made prior to
termination of the thirty day window period, or prior to termination of
- Must in combination come to
no more than 90 days unless
upon consent or stipulation of applicant (see below).
Extensions Restricted to
Requester: A grant of a time extension runs only to the potential
opposer who filed the request. Each potential opposer must seek their
own time extension.
Practice: A potential opposer can (a) first request a 30 day extension,
and then request an additional 60 days, or (b) first request 90 days. Good
cause must be shown except on a first request for just 30 days.
Time and timing are critical here. No one can use another's time
extension. No one can rely on another's opposition. Further, a cancellation proceeding against an issued registration is not
an equivalent because the burden of proof is shifted.
other topics - opposition
Oppositions are no place for amateurs.
If you think you need one, or if one has found you,
consult an experienced IP Attorney.
contact the firm
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