Trademark Opposition – A Time Sensitive Matter

February 1st, 2011

Once a trademark application is published for opposition in the Official Gazette for Trademarks, an opposer must comply with certain deadlines or risk missing the opportunity to file a Notice of Opposition.

The most important deadline is the requirement to file a Notice of Opposition within the 30-day Opposition Period.  However, you may choose to request an extension of time to oppose a trademark application.  You have the following options, all of which must be done during the 30-day Opposition Period:

  1. Request a 30 day extension as a matter of right
  2. Request a 60 day extension by showing good cause
  3. Request a 90 day extension by showing good cause

In order to be able to proceed with a trademark opposition, you should either be prepared to file the Notice of Opposition or request an extension.  For example, you can request the 30 day extension, then request the 60 day extension prior to it expiring.  Regardless, you will only have 120 (30 day Opposition Period plus 90 days of extensions upon showing good cause) days to file the trademark opposition, unless you are able to secure the last extension of 60 additional days.  However, this last 60 day extension of time to file a trademark opposition requires consent from the applicant of the trademark application.  Thus, absent civil negotiations, you should be prepared to protect your trademark interests by working within the strict trademark opposition timeframes identified above.