After filing your trademark comes the trademark opposition period — thirty days when anyone can challenge your claim. Your brand becomes a target for anyone who thinks your name, logo, or tagline infringes on their own brand assets.
Around one in 20 trademarks is challenged during the opposition period, meaning it’s a very real — and costly — risk. The best way to avoid it is with a rock-solid trademark search before you begin the process, but it’s important to understand what the opposition period is, and how it works, before you begin your trademark journey.
What is a Trademark Opposition Period?
The trademark opposition period is the thirty-day window, beginning when a pending trademark appears in the USPTO Gazette when a formal challenge to that trademark can be placed. This is when a business sees your trademark application and decides to fight it with a trademark notice of opposition.
The trademark opposition period is crucial for brands because it provides them a streamlined way to challenge conflicting trademarks. If you miss the opposition period, you can only challenge a trademark by submitting a Petition for Cancellation, which is a longer and more challenging legal process.
Who Can File a Trademark Opposition?
Anyone who can prove a pending trademark would hurt their business can file a notice of opposition. Because of trademark rules, the most likely challengers are brands in the same industry as you who believe that brand assets could be confused with theirs, and it would harm their business as a result.
However, anyone — both individuals and corporations — can file a trademark opposition if they have some grounds to claim your trademark could harm their business. It could be a person with a last name that matches your business, or a brand in another industry that’s worried about its reputation.
Common Reasons for Opposing a Trademark
People don’t oppose trademarks without good reason. It’s expensive and time-consuming. So when someone files an opposition, they usually have solid grounds. The trademark office sometimes misses conflicts or problems that industry insiders spot right away. Here’s what typically triggers these challenges:
- Likelihood of confusion with an existing trademark
When someone tries registering a trademark that is too similar to an existing one, red flags go up. Think “Sorny” instead of “Sony” or “Adidos” instead of “Adidas.” These aren’t innocent mistakes — they’re often attempts to profit from customer confusion. Original brands fight hard against these copycats because confused customers mean damaged reputations and lost sales.
- Descriptive/generic nature of the trademark
You can’t trademark “Cold Beer” for a bar or “Fresh Bread” for a bakery. These basic terms need to stay available for everyone. Imagine if one coffee shop owned “Premium Coffee,” other shops couldn’t describe their products without risking lawsuits. That’s why competitors unite to keep common industry terms in the public domain.
- Violation of moral or cultural standards
Some applications cross ethical lines. They may be offensive to certain groups or disrespect religious symbols. What sounds edgy in marketing can become a PR disaster in reality. Cultural symbols and traditions aren’t valid marketing tools, and opposition filings help filter out offensive content from trademark registries.
- Bad faith application by the applicant
Then there are the troublemakers — people filing trademarks to block others or extract payment. Like a megacorporation buying up property, they grab names they’ll never use, hoping to profit by forcing legitimate businesses to buy them out. The opposition process helps catch these bad-faith applications.
How Does the Trademark Opposition Process Work?
The trademark opposition process kicks off when your mark hits the official gazette. Potential challengers get 30 days to file an opposition or ask for more time.
During this 30-day period, the challenger must gather all evidence of harm to their brand and present it to the trademark board. At this point, the board sends the notice of opposition to the application, who has a further 30 days to gather their own evidence in defence.
Generally, the process ends in a trial where the board makes a decision either in favor of advancing the application or rejecting it. It’s also possible for the applicant and challenger to reach a settlement involving changing the application in some way.
Tips for Navigating the Trademark Opposition Period
The trademark opposition period is a critical 30-day window that can make or break your application. If you’re the applicant, stay on high alert — regular trademark monitoring is essential during this phase. Don’t just file and forget; keep tabs on your application’s status and be ready to defend your mark if someone challenges it.
Got an objection? Don’t panic, but don’t drag your feet either. You’ll need to respond quickly and thoroughly to any opposition. Have your documentation ready — think launch dates, sales records, and proof of market presence.
If you’re planning to oppose someone else’s trademark, start building your case immediately. Gather solid evidence showing why their mark conflicts with yours. Just remember: that 30-day window is set in stone. Miss it, and you’ve lost your chance to object, no matter how strong your case might be.
What Happens After Trademark Opposition?
After all arguments and evidence, the trademark office makes its call. But that decision might not be the final word. The losing side usually gets a chance to appeal, which means more waiting and potentially more legal bills.
Winning means your trademark gets back on track for registration — unless the opponent appeals. Losing leaves you with choices: fight the decision, negotiate a deal with your opponent, or start fresh with a new trademark.
Either way, be ready to adjust your business strategy. You might need new packaging, updated marketing, or a rebrand. Smart companies keep a backup trademark in mind just in case their first choice doesn’t make it through.
Wrapping Up
Trademark oppositions might seem like roadblocks, but they keep the system fair. They catch problems the trademark office misses, stop bad-faith applications, and protect legitimate brands. While facing opposition isn’t fun, it beats discovering trademark troubles after you’ve built your whole brand.
The smartest move? Do your homework before filing. Let our Trademark Research team look into existing registrations and flag potential risks before you spend on filing fees. Think of it as trademark insurance — a small investment now could save you from major headaches later. Ready to protect your trademark? Start your comprehensive search today.
