What is an opposition proceeding?
After a trademark application has been allowed and enters the publication phase of the registration process, anyone in the general public is given the opportunity to register a complaint in the form of an opposition proceeding about why a mark should not register. Oppositions are usually filed by competitors, or by persons who have a similar interest in an allegedly similar use of a particular proposed mark. Opposition proceedings are governed by specific procedures in the Trademark Manual of Examining Procedure (TMEP), and proceed in quasi-litigation fashion to explore the basis of the opposition. An opposition proceeding closely resembles a cancellation proceeding, which is procedure used by persons wanting to cancel a trademark that has been registeredoutside of the federal court. It is not uncommon that parties in opposition proceedings will wind up as trademark infringements in federal court. It is important to have a trademark attorney assist you with any opposition proceedings.
If any party feels that it will be injured by the applicant’s registration, it may file an opposition after learning of the pending application in the Official Gazette. The opposition must specify the reasons why the applicant is not entitled to federal registration. The merits of the opposition will be determined in an inter partes (two party) hearing before the Trademark Trials and Appeals Board with appellate review by the Federal Circuit. The opposition must be filed within thirty days after the date of publication in the Official Gazette, or within an extension period granted by the Board.
