Notice of Opposition

A Notice of Opposition is the formal notice a party sends to the United States Patent and Trademark Office when they want to oppose the registration of a specific mark as a trademark. Opposition typically occurs during the 30-day period when the Patent and Trademark Office displays a mark in the Official Gazette to notify the public of the intent to register the mark.

The Patent and Trademark Office provides a copy of the Notice of Opposition to the party that filed the trademark application, which serves as formal notice to the party that the opposition is taking place. Within 30 days of receiving a Notice of Opposition, the party must respond to the Patent and Trademark Office with a defense. If the party does not respond within the 30-day window, the Patent and Trademark office will cancel the trademark application.

The Trademark Trial and Appeal Board reviews the opposition case to determine if there is merit to withhold registration of the new trademark.