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How do I oppose a previously filed trademark in the USA?

Founder & Trademark Attorney

To oppose a trademark application in the US, the opposition must be filed with the USPTO's Trademark Trial and Appeal Board (TTAB) within 30 days of the application's publication date in the Official Gazette. Extensions of time to oppose can be requested for additional 30-day periods.

The notice of opposition must set out the grounds on which the earlier mark owner is opposing (for example, likelihood of confusion with an earlier registration, descriptiveness of the applied-for mark, or fraud in the application). Evidence and legal arguments are then exchanged between the parties under the TTAB's procedural rules.

Given the complexity of TTAB proceedings, representation by a licensed US attorney is strongly advisable. Trama can assess your case and advise on the strength of the grounds before committing to the proceedings.

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