Trademark Opposition Proceedings Before the USPTO (TTAB)
When a trademark is published for opposition in the USPTO’s Official Gazette, it enters a critical legal window. If someone believes your trademark conflicts with theirs—or if you believe someone is infringing on your brand—you have the right to initiate or respond to a Trademark Opposition. At SARI LAW FIRM, we represent clients across California in formal proceedings before the Trademark Trial and Appeal Board (TTAB)—protecting your brand or defending your rights.
What Is a Trademark Opposition?
A Trademark Opposition is a legal action filed with the TTAB to stop a trademark application before it becomes registered. It typically occurs during the 30-day opposition window after the mark is published in the USPTO Official Gazette. Common reasons to oppose a trademark: Likelihood of confusion with an existing registered mark; Descriptiveness or genericness; Fraudulent or bad-faith applications; No bona fide intent to use the mark; Dilution of a famous mark. Filing or defending an opposition is a formal litigation process—not just an objection letter.
Our Trademark Opposition Services
We represent both opposers and applicants in TTAB proceedings. Our services include: 1. Opposing Another Party’s Application – Evaluate likelihood of confusion or other grounds; File Notice of Opposition within strict deadlines; Negotiate settlement or file full legal briefings; Handle discovery, depositions, motions, and trial (if needed). 2. Defending Your Application from Opposition – Review and respond to the filed opposition; Build legal arguments to uphold your registration; Negotiate co-existence or consent agreements when possible; Represent you throughout discovery and hearings. 3. Strategy + Risk Assessment – Determine best path: settlement, litigation, or withdrawal; Prevent opposition through proactive trademark clearance and monitoring; Help structure brand architecture to reduce conflict risk.
TTAB Proceeding Timeline
Publication – Mark published in USPTO Gazette; Opposition Window – 30 days to oppose (or request extension); Notice of Opposition – Filed with TTAB; Answer – Applicant responds within 40 days; Discovery Phase – Evidence exchanged between parties; Motions/Briefing – Optional summary judgments or dismissals; Trial/Final Decision – TTAB issues decision or settlement is reached. Opposition deadlines are strict. No response = automatic loss.
Who Needs This Service?
You may need to file or defend a trademark opposition if: You’ve received a Notice of Opposition from another party; You saw a similar trademark published that threatens your brand; You’re involved in a franchise, licensing, or brand acquisition; You’re protecting a long-established or famous mark; You want to settle a conflict without going to federal court. We represent clients in Los Angeles, Irvine, Santa Ana, Riverside, San Diego, and throughout California.
FAQ
What happens if I ignore a trademark opposition?
If you don’t respond within 40 days, the TTAB will enter a default judgment and your trademark application will be refused.
Can I settle an opposition out of court?
Yes. Many TTAB oppositions are resolved via settlement, coexistence, or consent agreements. We can help you negotiate favorable terms.
How long does a TTAB opposition take?
Anywhere from 6 months to 2+ years, depending on whether the case is settled early or goes to a full trial.
Is this like a federal court case?
It’s administrative litigation within the USPTO. No jury, no physical court, but formal rules of evidence and procedure apply.
How much does an opposition cost?
It depends on the complexity and whether it's settled or fully litigated. We offer flat-fee early strategy reviews and transparent hourly litigation options.
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