TTAB Opposition Proceedings

Publication is a trademark application's most consequential moment: for thirty days, anyone who believes they would be damaged by the registration may oppose it before the Trademark Trial and Appeal Board. An opposition is how a conflicting application is stopped before it becomes a registration — and if your own application is opposed, it is the proceeding in which your right to register will be decided. Either way, it is litigation in substance: pleadings, discovery, testimony, and briefing, conducted before the Board on a fixed schedule.

We represent clients on both sides. For rights holders, that begins with extensions of time to oppose, continues through the Notice of Opposition, and extends through the full proceeding. For applicants who have been opposed, we answer the notice, assert your defenses, and carry the case forward. Most oppositions settle — often in a coexistence or consent agreement that gives each side what it actually needs — and we treat settlement as a strategy to be pursued from the first filing, not a fallback. Every stage is quoted as a flat fee before that stage begins.

Where a proceeding advances into intensive discovery or trial practice, the Firm may associate experienced outside litigation counsel to assist — always with your informed consent, and always with the Firm remaining your counsel and point of contact throughout. Appeals from Board decisions to the federal courts are outside our practice and are referred to appropriate counsel.