Back to Oppositions

How much time do I have to respond to oppositions?

Founder & Trademark Attorney

How much time you have depends on where the opposition is happening. Response windows vary by jurisdiction. Once notified of an opposition:

EU: a two-month cooling-off period begins automatically, during which both parties can negotiate a settlement. The cooling-off period is extendable to 24 months by mutual agreement. If no settlement is reached, both parties then have a set period to submit arguments and evidence.
US: the applicant typically has 40 days to file an answer to the notice of opposition, with extensions available through the TTAB.
UK: the opposed applicant has two months to file a counterstatement.
Australia: the applicant has one month to file a notice of intention to defend.

Missing the initial response deadline in any jurisdiction results in the opposition being decided in the opposing party's favor by default.

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