Trademark Oppositions - Overview and Timing
All applications for registration of a mark on the Principal Register that have passed the examination stage are published for opposition.
The publication opens a thirty-day window period for filing a Notice of Opposition, or a request to extend the time period for so doing.
A time extension granted to one party cannot be used by another party.
Upon the filing of a timely and sufficient Notice of Opposition, an inter partes Opposition proceeding will be declared by the TTAB (Trademark Trial and Appeal Board).
Publication: The publication of an application for registration is actually printed in the Official Gazette. The date of publication, however, and all relevant information, is available on the USPTO's website at www.uspto.gov. The publication date is critical information. The publication opens a 30 day window for filing a Notice of Opposition or a time-extension request. The date of publication is posted on the website upon its assignment, ahead of actual publication.
Requests for Extensions of Time to Oppose:
Must be made in writing.
Must identify the potential opposer with reasonable certainty.
Must be made prior to termination of the thirty day window period, or prior to termination of extended period.
Must in combination come to no more than 90 days unless upon consent or stipulation of applicant (see below).
Extensions Restricted to Requester: A grant of a time extension runs only to the potential opposer who filed the request. Each potential opposer must seek their own time extension.
Practical Extension Practice: A potential opposer can (a) first request a 30 day extension, and then request an additional 60 days, or (b) first request 90 days. Good cause must be shown except on a first request for just 30 days.
Timeliness Critical: Time and timing are critical here. No one can use another's time extension. No one can rely on another's opposition. Further, a cancellation proceeding against an issued registration is not an equivalent because the burden of proof is shifted.
More on trademark oppositions at the official USPTO website www.uspto.gov and my website, particularly at www.noreklaw.com/tmoppositionsentry.htm
The publication opens a thirty-day window period for filing a Notice of Opposition, or a request to extend the time period for so doing.
A time extension granted to one party cannot be used by another party.
Upon the filing of a timely and sufficient Notice of Opposition, an inter partes Opposition proceeding will be declared by the TTAB (Trademark Trial and Appeal Board).
Publication: The publication of an application for registration is actually printed in the Official Gazette. The date of publication, however, and all relevant information, is available on the USPTO's website at www.uspto.gov. The publication date is critical information. The publication opens a 30 day window for filing a Notice of Opposition or a time-extension request. The date of publication is posted on the website upon its assignment, ahead of actual publication.
Requests for Extensions of Time to Oppose:
Must be made in writing.
Must identify the potential opposer with reasonable certainty.
Must be made prior to termination of the thirty day window period, or prior to termination of extended period.
Must in combination come to no more than 90 days unless upon consent or stipulation of applicant (see below).
Extensions Restricted to Requester: A grant of a time extension runs only to the potential opposer who filed the request. Each potential opposer must seek their own time extension.
Practical Extension Practice: A potential opposer can (a) first request a 30 day extension, and then request an additional 60 days, or (b) first request 90 days. Good cause must be shown except on a first request for just 30 days.
Timeliness Critical: Time and timing are critical here. No one can use another's time extension. No one can rely on another's opposition. Further, a cancellation proceeding against an issued registration is not an equivalent because the burden of proof is shifted.
More on trademark oppositions at the official USPTO website www.uspto.gov and my website, particularly at www.noreklaw.com/tmoppositionsentry.htm
posted by Joan Norek | 2:58 PM
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