If your trademark application was opposed, I represent applicants in trademark opposition defense before the USPTO's Trademark Trial and Appeal Board, from the first answer through settlement or a final decision. I'm Jonathan Francis, a Chicago trademark attorney and registered patent attorney, and I defend opposed applications for clients nationwide.
The most important fact is the deadline. An opposition has a fixed answer date, and an applicant who misses it can lose the application by default.
This page is general information, not legal advice about your situation.
Free, confidential case review. Send me the notice of opposition, or the TTAB email you received, and your application's serial number. I'll tell you your deadline and quote a flat fee.
Contacting me does not create an attorney-client relationship. Until we've confirmed there's no conflict and agreed in writing to work together, please send only the notice you received and your serial number, and don't include other confidential details.
What does it mean when a trademark application is opposed?
An opposed trademark application is one that another party has formally challenged before the Trademark Trial and Appeal Board, which stops it from registering until the opposition is resolved.
After your application was published in the USPTO's Official Gazette, someone who believes they would be damaged by the registration filed a notice of opposition (15 U.S.C. § 1063). The Board then issues an institution order setting the schedule for the case. The most common claim is likelihood of confusion with the opposer's registered mark or with a name the opposer says it used first (15 U.S.C. § 1052(d)).
How long you have to answer a notice of opposition
For oppositions instituted on or after September 4, 2025, the Board's institution order gives the applicant 60 days from the date of the order to file an answer.
The USPTO lengthened the period from 40 to 60 days by rule (Federal Register notice, Sept. 4, 2025). Your institution order states the exact date, so check it rather than counting yourself. If no answer is filed in time, "the opposition may be decided as in case of default" (37 C.F.R. § 2.106(a)), and your application is refused.
What happens in a TTAB opposition
A TTAB opposition runs like a streamlined federal lawsuit, with an answer, a discovery period, testimony, and written briefs, on a schedule the Board sets in the institution order.
- You file an answer. It responds to each allegation and raises your defenses. If the opposer relies on its own registration and you have grounds to cancel it, that counterclaim generally must be filed with the answer (37 C.F.R. § 2.106(b)).
- The parties hold a discovery conference and exchange initial disclosures, then serve written discovery and take depositions if needed.
- Each side presents testimony and evidence in its assigned trial period, usually by declaration and written record rather than live witnesses.
- The parties file briefs, and the Board issues a written decision. Many cases settle long before this stage.
The Board decides only whether your mark can be registered. It does not award money damages, and its decision does not by itself order you to stop using the name.
Your options when your application is opposed
You can defend the application, negotiate a settlement that lets it register in some form, or withdraw it with the opposer's consent, and the right choice depends on the strength of the opposer's claim and how much the registration matters to you.
Defend the application
Answer, challenge the opposer's claims, and take the case to decision if needed. Common defenses go to whether confusion is actually likely, who used the name first, and whether the opposer is entitled to bring the claim at all.
Settle
Many oppositions end with an agreement: narrowing your goods or services, a coexistence or consent agreement, or changes to how each side uses its mark. An amendment to your application during the case needs the Board's approval (37 C.F.R. § 2.133).
Withdraw with consent
If the registration isn't worth the fight, withdraw on agreed terms. Abandoning the application without the opposer's written consent results in judgment against you (37 C.F.R. § 2.135), so the terms matter.
What if someone filed an extension of time to oppose your application?
An extension of time to oppose means someone has reserved the right to oppose your application, but hasn't done it yet, and it's often the best moment to find out what they want.
After publication, a potential opposer can extend its 30-day window, up to 180 days after publication in total (37 C.F.R. § 2.102). The request appears in your application's record in the USPTO's TSDR system and in TTABVUE. A conversation during the extension can sometimes resolve the concern, for example by narrowing your description of goods or services, before any opposition is filed.
What to do this week
Find your answer deadline, preserve your records of use, and talk to a lawyer before responding to the opposer.
- Find the deadline. Open the institution order in TTABVUE and calendar the answer date.
- Read the notice of opposition. Note who the opposer is, which marks or registrations it relies on, and its claims.
- Gather your dates. When you first used the name, for what, and where. Dated sales, posts and marketing matter.
- Don't negotiate on your own first. What you say to the opposer can become evidence in the case.
- Don't ignore it. Doing nothing leads to a default judgment and the loss of your application.
Your answer date is set by the Board. Send the notice now and I'll confirm your deadline.
Contacting me does not create an attorney-client relationship. Until we've confirmed there's no conflict and agreed in writing to work together, please send only the notice you received and your serial number, and don't include other confidential details.
How I handle trademark opposition defense
I defend opposed applications on flat fees for defined stages, quoted after a free review, so you know the cost of each step before you take it.
I'm a Chicago trademark attorney and a registered patent attorney with the USPTO, and I represent parties before the Trademark Trial and Appeal Board on both sides of oppositions. Because the Board is a federal agency, I can defend applications for businesses anywhere in the United States. If the dispute moves to court, I'm admitted in Illinois and in the U.S. District Courts for the Northern and Central Districts of Illinois and the Eastern District of Wisconsin.
Related: Opposing someone else's application · Trademark registration · About Jonathan Francis
Frequently asked questions
My trademark application was opposed. What do I do first?
Find the answer deadline in the Board's institution order and calendar it. For oppositions instituted on or after September 4, 2025, the answer is due 60 days from the date of the order, and missing it can lead to a default judgment.
What happens if I don't respond to a notice of opposition?
The Board can enter a default judgment, and your application is refused. You would then have to start over with a new application, which the same opposer could oppose again.
Can I lose the right to use my name in an opposition?
An opposition decides only whether your mark can be registered. The Board does not award money damages and does not by itself order you to stop using the name, although the same dispute could later be raised in a lawsuit.
Can I just withdraw my application?
Yes, but withdrawing after an opposition is filed without the opposer's written consent results in a judgment against you. Negotiating the withdrawal, with consent, avoids that judgment and can settle the rest of the dispute at the same time.
Can I settle a trademark opposition?
Yes, and many oppositions settle. Common terms include narrowing the goods or services in your application, a coexistence or consent agreement, or changes to how the marks are used.
How long does a trademark opposition take?
A fully contested opposition usually takes a year or more, because the Board's schedule includes separate periods for discovery, testimony and briefing. Cases that settle or end by default are much shorter.
Someone filed an extension of time to oppose my application. Should I worry?
It means someone is considering an opposition, not that one has been filed. It's worth finding out who they are and what they're concerned about, because some disputes can be resolved before an opposition begins.
Attorney Advertising. General information, not legal advice. Contacting this office does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Responsible attorney: Jonathan M. Francis, 3525 West Peterson Avenue, Suite 604, Chicago, Illinois 60659.