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TRADEMARK OPPOSITION
Defend your trademark NOW
We File On Time, Every Time
Evidence-Based Defense Across Every Ground
Counterclaim Strategy
TTAB-Registered Counsel + Transparent Pricing
Get Expert Legal Defense Against Trademark Opposition
Your trademark application just received a Notice of Opposition. Now what? Every day that passes is another day your trademark sits in limbo—unable to register, unable to protect your brand. You need a strategic trademark opposition attorney who understands the TTAB process and knows how to fight back effectively.
Strategic Opposition Defense | Evidence-Based Arguments | Full TTAB Representation | Cost-Effective
Trademark Opposition Attorney – Defend Your Mark Now
Received a Notice of Opposition for your trademark? Your application is in limbo, and you have just 40 days to respond—or lose it forever.
Don't panic. And don't go it alone.
Why You Need a Trademark Opposition Attorney
When someone files an opposition against your trademark before the TTAB, every decision matters. The grounds are usually likelihood of confusion, merely descriptive, or failure to use in commerce. You need a USPTO-registered trademark opposition attorney who understands TTAB procedure, knows precedent, and knows how to win.
Here's what we do:
- File your Answer within the critical 40-day window
- Identify and assert affirmative defenses (laches, estoppel, acquiescence)
- Gather market evidence, consumer surveys, expert testimony
- Counter-attack the opposer's registration if warranted
- Negotiate settlements or fight through to TTAB decision
- Handle appeals if necessary
How to Fight a Trademark Opposition
The timeline is tight. You have 40 days from the Notice of Opposition to file your Answer. Missing this deadline means automatic abandonment—no exceptions, no do-overs.
The process is technical. TTAB rules are different from federal court. Your pleadings must be precise. Your evidence must be compelling. One misstep can tank your defense.
The stakes are high. If you win, your mark registers and is protected. If you lose, you lose years of work and investment building that brand.
That's why you need experienced counsel. We've defended trademark oppositions across every ground:
- Likelihood of Confusion – Show the marks are distinct; consumers won't be confused
- Merely Descriptive – Prove acquired distinctiveness or that the term is suggestive, not descriptive
- Generic – Demonstrate your mark functions as a brand identifier in the marketplace
- Failure to Use in Commerce – Submit use specimens; establish bona fide commerce
- Dilution, False Sponsorship, Prior Use – Challenge the opposer's standing or build affirmative defenses
Defending a Trademark Opposition: What It Costs
Attorney fees are the biggest cost driver—not USPTO fees. Here's what to expect:
| Case Type | Typical Cost |
|---|---|
| Simple / Early Settlement | $2,500–$15,000 |
| Moderate Complexity | $40,000–$70,000 |
| Full Trial & Briefing | $70,000–$150,000+ |
You control the budget. Set a spend cap. Explore settlement options. Use TTAB Accelerated Case Resolution to streamline and reduce costs. Or go all-in and fight to final decision.
Timeline: 18–26 months for full resolution; settlements can occur in weeks.
What Makes Our Approach Different
- ✓ TTAB-Qualified: Only USPTO-registered agents can represent you before the TTAB
- ✓ Evidence Strategy: We know what evidence persuades TTAB judges
- ✓ Counterclaim Expertise: When the opposer's mark is weak, we attack it
- ✓ Settlement Negotiation: We know when to fight and when to settle
- ✓ Appellate Ready: If needed, we take your case to Federal Circuit Court of Appeals
Your Opposition Matters. Act Fast.
Your Answer is due in 40 days. Every hour counts. Schedule a confidential consultation today.
We'll review your Notice of Opposition, assess the opposer's case strength, identify your strongest defenses, and outline a clear budget and timeline.
Don't fight this alone. Get a trademark opposition attorney on your side.
FAQs
Q: What happens if I don't answer?
A: Your application is abandoned. You lose the mark.
Q: Can I settle?
A: Yes. Many cases settle with coexistence agreements or consent-to-register arrangements.
Q: How long does this take?
A: 18–26 months on average; settlements can be faster.
Q: What if I lose?
A: You can appeal to the Federal Circuit.
Q: Can I counter-sue?
A: Yes. If the opposer's registration is vulnerable, we can file a counterclaim to cancel it.
Get Expert Defense. Protect Your Trademark. Call Today.
Benefits of using TrademarKraft
Experience. Integrity. Transparent pricing.
Using Trademarkraft for trademark opposition defense gives you focused TTAB experience from a team that spends its time in opposition and cancellation proceedings rather than treating them as an occasional sideline, so your Answer, defenses, and evidence strategy are built around what actually persuades the Board.
You also get process-driven cost control: clear, front-loaded guidance on likely budget ranges, when it makes sense to settle versus fight, and how to avoid unnecessarily escalating discovery or motion practice, which helps protect both your mark and your legal spend
Federal Trademark Registration FAQs
It depends on the way the application was filed. It usually takes 10 months (269 days at the moment) after filing before an Examining Attorney looks at the file. She may accept the trademark as filed, or issue an office action rejecting the application, requiring clarification or modification of the application. Overall, the majority of trademarks register within about 14 months.
Intent to Use Applications
If the application requires a Statement of Use (filed on 1b intent to use rather than 1a in-use) then there is a delay between the allowance of the mark and the date teh applicant files the Statement of Use, plus the processing time for an Examiner to review. Filing 1b intent-to-use adds on average about 4 months to the application.
Office Actions
Office actions delay the application from the time of notification, to the time a response is filed. There is also a delay before the examiner reviews the response to the office action. The average delay to the application registration time where an office action occurs is about 4 months, and up to a year if the mark is suspended to await the outcome of another trademark application that is cited as similar.
TEAS Standard
TEAS Standard not only has a higher fee of $550 rather than $350, but it takes much longer to register. Usually the Examiner will object to any goods and services that are customized or not specific enough. There is the delay of responding to the office action, and often there is a lot of back and forth to get the goods/services ID right.
It's best to avoid delays since you can only really enforce the trademark once it is registered. That is why it's worthwhile to file TEAS PLUS, with the mark already in-use in commerce.
You can check the current processing wait times to find out how long your trademark filing could take. Filing your initial application, response form, and post registration accurately can speed up the process. You can help by reading these tips on avoiding processing delays.
Check the latest processing times.
The US trademark legal system allows third parties to oppose pending trademark applications.
Opponents can request extensions for good cause, such as investigating claims, conferring with counsel, or seeking representation. Extensions can also be used as a negotiation tactic, allowing for coexistence agreements or new trademark applications. If the opposer files an opposition, the Trademark Trial and Appeal Board (TTAB) will institute an opposition proceeding with a scheduling order. An additional 60-day extension can be requested beyond 120 days from publication, provided the applicant consents or shows extraordinary circumstances.
The truth is, a lot of big companies file extensions of time to oppose to intimidate you.
If a potential opposer has applied for an extension of time, that means they are either discussing whether to oppose your mark, or they want to provide time to negotiate with you, to narrow the mark or ask you to cancel it. Wait until they reach out with a letter and I would advise seeking legal counsel to ensure they actually have a basis to oppose with.
An Office Action is a notice issued by the USPTO to address concerns about a trademark application or potential infringement on another person's mark. It is not a rejection, but rather a response to the application. You only have three months to respond and if you don't respond the trademark will abandon.
Common reasons include a likelihood of confusion under 2d between your trademark and another, or a mark being descriptive or generic with a rejection under 2e.
Office actions can result in denial or suspension of the application, or require minor changes or additional information. If not responded within three months, the application will be abandoned, and all rights and filing fees will be non-recoverable.
Responding to an Office Action requires addressing the examiner's objections, and if a final action is received, compliance with requirements or filing an appeal with the trademark trial and appeal board is required.
You have three months from the Office Action date to file a response with a further 3-month extension possible. However, a skillful response addresses the Examiner's objections without unnecessarily giving away rights. We can help you manage the response, and get through the Examination stage faster. Contact us.
There are a number of advantages for businesses with registered trademarks to using Amazon Brand Registry, but there are some details that need to be made clear regarding the benefits it offers to sellers.
The following are some advantages of using Amazon's Brand Registry:
- Control. Gives you, the brand owner, more authority over the information on your listing.
- Brand surveillance. gives you a tool to keep an eye on your brand on Amazon.
- Dedicated Assistance. a specific internal team for submitting and escalating IP infringement accusations, as well as a different, more effective internal staff to assist with rectifying and resolving inaccurate listing contributions and variants.
- Good content. provides you with access to Amazon A+ Content so you may enhance the information on product listings.
- Stores on Amazon. gives you access to Amazon Stores so you may build a multi-page store to market your business.
- Promoted Content. enhances visibility with cutting-edge advertising techniques like Sponsored Brands and Sponsored Display ads.
- Live on Amazon. enables you to use Amazon Live to webcast and communicate with potential customers.
You can sign up your company for the Amazon Vine Program to receive authenticated product reviews using Amazon Vine.
Conversely, Amazon's Brand Registry won't:
- Prevent other sellers from selling your branded products in resale.
Give you the option to restrict or allow other vendors to sell your brand.
- Give someone else the authority to file infringement complaints against other merchants on your behalf as the brand owner.
Are trademarks required for Amazon's Brand Registry?
You must have a registered trademark for your product in order to apply for the Brand Registry program. This requires that your trademark be registered with the USPTO (United States Patent and Trademark Office).
How can I register my trademark?
You must perform the following actions in order to start the process:
- Do research. Once you've chosen a name and/or logo, make sure it is original and that no other companies are using the same name as a registered trademark. By conducting a thorough search in their official database on the USPTO website, confirm this.
- File your trademark application in a chosen class. Similar to choosing a product category on Amazon, this will specify the kinds of goods that go under your registered brand. The trademark's price will vary according to its class.
Use a trademark lawyer with a license. They or we can submit an application for your trademark.
How much time does it take to register a trademark?
In most cases, you can anticipate having to wait at least a year for the USPTO to respond.
Fortunately, getting your brand certified by Amazon doesn't take a year.
The IP Accelerator is a tool provided by Amazon that links Amazon business owners with its own preferred/vetted intellectual property (IP) lawyers who can assist you with the trademark application process.
Before your trademark application is approved, Amazon will accept your product for the Brand Registry.
How long does it take to get approved for the Amazon Brand Registry?
The complete approval procedure should take roughly two weeks, presuming you already have a trademark or have submitted a request through the IP Accelerator program. Just be sure to submit all the information Amazon requires for your brand the first time.
As you evaluate the eligibility requirements, keep in mind that your brand must have a registered trademark that is currently in use in each of the countries where you wish to enroll.
No, don't be afraid of the process - we can guide you through for less than you think.
The opposition process is used by other marks, particular famous one, to scare you into abandoning your trademark. But often they do not have strong grounds to oppose. If they have some grounds, an amendment of your trademark may be effective in addressing it. For example, the goods/services can be amended to avoid those in the other mark, or the channels of trade may be limited to avoid those channels used by the other mark.
Contact us for a free assessment.
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