Back to Oppositions

What if I miss the deadline to respond to trademark opposition?

Senior Trademark Attorney

Missing the response deadline in opposition proceedings typically results in the opposition being upheld by default: the IP office decides in favor of the opposing party without considering the merits, and the application is refused.

In some jurisdictions, including the US, you can still submit a motion to file a late answer if you have a valid reason for the delay. This is not guaranteed to succeed and is not a substitute for a timely response. Extensions must be requested before deadlines expire, not after.

If the deadline has passed, consult a trademark attorney immediately. The options depend on the jurisdiction and how recently the deadline was missed.

Related questions

Louis Vuitton vs Louis Vuiton Dak: Never-ending battle of Louis Vuitton against counterfeit market

Another day another case of a trademark dispute between a fashion giant and a small food business. A South Korean fried chicken restaurant recently lost a trademark battle against designer Louis Vuitton. The court ruled in the designer's favor after determining that the restaurant's name Louis Vuitton Dak was too similar to Louis Vuitton.

Ford files 19 new trademark applications for NFT-related services

Ford joins the ranks of internationally renowned companies that have made an entry into the NFT and Web3.0 space with new trademark registrations. The American car company filed 19 new trademark applications to cover virtual automobiles and online retail services. As more companies are getting involved with NFT projects, unique IP concerns are expected to follow soon.

How long does it take to register a trademark?

We have looked into the last 1,000 trademarks registered in main intellectual property offices, including USPTO (United States), UKIPO (United Kingdom), EUIPO (European Union), CNIPA (China), CIPO (Canada), ROSPATENT (Russia), IPA (Australia), BOIP (Benelux), IGE-IPI (Switzerland), NIPO (Norway), KIPO (Republic of Korea), and CGPDTM (India), exploring the average time it takes for a trademark to be registered in the selected jurisdictions.