Trademark Oppositions

Los Angeles Trademark Opposition Attorney

Trademark opposition proceedings are critical for protecting your brand against conflicting trademark applications. If a third party files a mark that is confusingly similar to yours, you may have the right to oppose the application before it registers. Our firm represents clients in trademark opposition matters before the Trademark Trial and Appeal Board and helps businesses protect their rights at this early stage. Our trademark services include opposition strategy, filings, and enforcement.

We represent clients in Los Angeles and nationwide in trademark disputes, opposition proceedings, and enforcement matters.

What is a Trademark Opposition Proceeding? 

A trademark opposition is a legal proceeding before the Trademark Trial and Appeal Board that allows a third party to challenge a pending trademark application. After a mark is approved by the USPTO, it is published for opposition, giving others an opportunity to object before the mark registers.

Oppositions are commonly based on issues such as likelihood of confusion with an existing mark, lack of distinctiveness, or prior rights. These proceedings function similarly to litigation, involving pleadings, evidence, and legal arguments, but are conducted administratively through the USPTO.

When Should You File a Trademark Opposition

A trademark opposition must be filed within 30 days of publication of the mark in the USPTO Official Gazette. This deadline is strict, although extensions of time may be available in certain circumstances. Missing the opposition window may eliminate the ability to challenge the application at the TTAB stage and require more costly enforcement later.

Because of these strict deadlines, it is important to evaluate potential conflicts as soon as a mark is published. Early action allows for strategic decisions, including whether to oppose, seek an extension, or explore resolution with the applicant.

Common Grounds for Trademark Opposition

A trademark opposition may be based on several legal grounds, most commonly including likelihood of confusion with an existing mark, descriptiveness, or lack of distinctiveness. Other grounds may include prior use, fraud, or that the applicant lacked a bona fide intent to use the mark in commerce. Evaluating these issues early is critical to determining whether to file or defend an opposition.

Trademark Opposition vs Trademark Infringement

Trademark opposition proceedings occur before a mark is registered and are handled through the Trademark Trial and Appeal Board. In contrast, trademark infringement claims arise after a mark is in use and are typically handled in federal court. While both involve similar legal issues, they differ significantly in procedure, remedies, and strategy.

How Trademark Opposition Proceedings Work

Trademark opposition proceedings are handled before the Trademark Trial and Appeal Board and follow structured procedures similar to litigation. The process typically includes filing a notice of opposition, discovery, submission of evidence, and legal briefing. These proceedings focus on whether the applied for mark should be allowed to register based on issues such as likelihood of confusion or prior rights.

Why Work With a Trademark Opposition Attorney

Trademark opposition proceedings involve complex procedural rules and legal standards. Working with an experienced attorney helps ensure your case is properly presented and your rights are effectively protected. Our firm assists clients with strategy, filings, and representation to prevent trademark issues throughout the process.

Speak With a Trademark Opposition Attorney

If you are facing a conflicting trademark application or need to oppose a mark, it is important to act quickly. Our firm represents clients in trademark opposition proceedings before the Trademark Trial and Appeal Board. Contact us to discuss your options and protect your brand.