When a trademark application is approved by a USPTO Examining Attorney, it is published in the Official Gazette and then subject to a thirty day Opposition Period where any third party can Oppose the trademark application.
One of the last phases of the trademark application process is when a trademark application is published and there is a thirty day Opposition Period where the trademark application can be opposed by any third party. If no Opposition is filed, or if a trademark applicant successfully defends an Opposition, the trademark application will be registered.
The trademark Opposition Period is the only time for any third party who believes they will be harmed if the trademark is registered by the United States Patent and Trademark Office (USPTO) to file an Opposition. Third parties can also file an extension to file a trademark opposition. If a third party misses the opportunity to oppose a trademark application during the Opposition Period, they can only file a Cancellation proceeding after the trademark is registered.
The USPTO issues a Notice of Publication to applicants to let them know when the 30 day Opposition Period begins and ends
The end of the thirty day Opposition Period is also the deadline to file a complaint that a trademark applicant submitted digitally altered trademark specimens as part of the USPTO Trademark Specimen Protest Pilot Program.
If you have any questions about the Opposition Period, feel free to contact us today. If you want to file an Opposition or had an Opposition filed against your trademark application, contact us for a Free Trademark Consultation and one of our attorneys will reach out to you soon.