The Trademark Opposition Process Timeline: A Complete Guide for Attorneys and Applicants

The trademark opposition process is a carefully choreographed sequence of steps, each with strict deadlines and procedural requirements. For trademark attorneys and applicants alike, understanding the timeline is essential to mounting an effective defense or offense. Missing a single deadline can result in default judgment and permanent loss of trademark rights—a devastating outcome that is entirely preventable with proper planning and legal guidance.

This comprehensive guide walks you through the complete trademark opposition timeline, explaining what happens at each stage, what deadlines apply, and why having an experienced trademark attorney is critical to navigating this complex process successfully.

Overview: The Trademark Opposition Process Timeline

The timeline for a trademark opposition varies by jurisdiction, but the general structure is similar across most trademark systems. In the United States (before the USPTO), a typical opposition takes 18 to 24 months from filing to final decision. In Europe (before the EUIPO), the timeline is often similar, though cases can extend longer if appeals are filed.

The process generally unfolds in these phases:

1. Notice of Opposition Filing – The opposer files a formal notice of opposition and pays the required fee.

2. Applicant's Response Period – The applicant (whose trademark is being opposed) has a set deadline to respond.

3. Evidence Submission Periods – Each party submits evidence in turn, following strict deadlines.

4. Written Arguments – Both parties file legal briefs and arguments.

5. Oral Hearing (if applicable) – A hearing before a trademark office examiner or board.

6. Decision – The trademark office issues a final decision.

7. Appeal (if applicable) – Either party may appeal an unfavorable decision.

Let's examine each phase in detail, with specific timelines and the role of attorneys and lawyers in managing these critical periods.

Phase 1: Notice of Opposition and Initial Deadlines

What Triggers the Opposition Timeline?

The trademark opposition timeline begins when the opposer files a formal notice of opposition with the appropriate trademark office. In the United States, this is the USPTO. In Europe, it is the EUIPO. In Portugal and other countries, it is the respective national or regional trademark office.

The notice of opposition typically must include:

• The opposer's name and contact information.

• A clear identification of the trademark being opposed (the application number and the mark itself).

• The grounds for opposition (e.g., likelihood of confusion, dilution, bad faith).

• A concise statement of the facts supporting each ground.

• A list of evidence to be submitted (such as registered trademarks, evidence of use, or expert declarations).

Why You Need an Attorney at This Stage

If you are the applicant being opposed, receiving a notice of opposition can be shocking and disorienting. Many applicants make the critical mistake of either ignoring the notice or filing a hastily prepared response without legal counsel. This is where an experienced trademark attorney becomes invaluable.

An attorney defending trademark opposition will:

• Immediately assess the opposer's allegations and the strength of their case.

• Identify procedural defects in the notice of opposition (some oppositions are technically defective and can be dismissed).

• Begin gathering evidence and preparing a defense strategy.

• Advise you on the realistic likelihood of success and cost‑benefit analysis.

• Ensure all critical deadlines are identified and calendared.

Critical Deadlines in This Phase

The first critical deadline is the applicant's response deadline, typically 30 to 60 days from service of the notice of opposition (the exact period depends on the trademark office and jurisdiction).

In the United States (USPTO), the applicant has 40 days from the date the notice of opposition is served to file a response.

In Europe (EUIPO), the applicant has 2 months from the date the opposition is filed (extendable in some cases).

In Portugal (INPI), the applicant typically has 2 months to file a response.

Missing this deadline results in default judgment: if the applicant does not file a timely response, the opposition is deemed admitted and the applicant loses automatically, regardless of the merits.

This is why engaging an attorney early is so critical. A lawyer defending trademark opposition will ensure that a complete, substantive response is filed before the deadline, preserving your right to be heard.

Phase 2: The Applicant's Response

What Should the Response Include?

The applicant's response is the formal answer to the notice of opposition. It should:

• Admit or deny each allegation in the notice of opposition.

• Set out the applicant's legal arguments and factual defenses.

• Indicate whether the applicant will submit evidence.

• Reference any evidence already attached.

The response is not just a procedural formality; it is a critical opportunity to frame your defense and establish your legal position. A well-drafted response sets the tone for the entire proceeding and can influence the trademark office examiner or decision‑maker.

Why Quality Matters: The Attorney's Role

An experienced trademark attorney knows how to draft a response that is:

• Legally precise: Using the correct terminology and legal framework to address each ground of opposition.

• Factually persuasive: Presenting facts in a narrative structure that supports your legal arguments.

• Procedurally complete: Including all required statements and evidence notices to avoid procedural defects.

• Strategic: Anticipating the opposer's likely evidence and arguments, and positioning your defense preemptively.

A generic or poorly drafted response can undermine even a strong factual defense. Many applicants fail to appreciate that their response is the first written communication the trademark office receives from them, and first impressions matter.

Deadlines for the Response

In the United States, the applicant must file the response within 40 days of service of the notice of opposition.

In Europe, the applicant has 2 months from the date of filing the opposition to submit a response.

In Portugal, the deadline is typically 2 months.

These deadlines are strict and generally not extended. An attorney defending trademark opposition will ensure the response is filed early, well before the deadline, to avoid any risk of default.

Phase 3: Evidence Submission Periods (Periods of Evidence)

How Does Evidence Submission Work?

After the applicant files a response, the proceeding typically enters a phase where each party submits evidence to support their position. The exact structure varies by jurisdiction, but the general model is as follows:

Opposer's Evidence: The opposer files evidence first, typically within 30 to 60 days of the applicant's response. This evidence supports the grounds of opposition and might include:

• Copies of the opposer's registered trademarks.

• Evidence of use of the opposed mark (specimens, sales records, advertising materials).

• Evidence of reputation or goodwill.

• Declarations or expert reports.

Applicant's Evidence: After the opposer submits evidence, the applicant has a period (typically 30 to 60 days) to file counter‑evidence. This might include:

• Evidence of the applicant's use and reputation.

• Expert declarations or consumer surveys showing lack of confusion.

• Evidence of good faith.

• Evidence that the goods or services are not in competition.

Opposer's Reply Evidence: In some jurisdictions, the opposer is permitted to file reply evidence in response to the applicant's evidence, within another set period.

Why This Phase Is Critical

The evidence submission phase is where the case is often decided. Strong evidence can overcome weak legal arguments; conversely, weak evidence will not support even the strongest legal claims. An attorney managing the evidence phase will:

• Identify what evidence is most persuasive in the context of the opposition.

• Gather, organize, and present evidence in compliance with the trademark office's formal requirements.

• Prepare witness declarations and expert reports that address the key factual disputes.

• Anticipate the opposer's evidence and prepare counter‑evidence.

• Identify evidentiary weaknesses in the opposer's case and highlight them in written arguments.

Timelines for Evidence Submission

In the United States (USPTO):

• Opposer files evidence within 30 days of the applicant's response (or within 30 days of the notice of opposition if the applicant does not file a response).

• Applicant files counter‑evidence within 30 days of the opposer's evidence.

• Opposer may file reply evidence within 15 days of the applicant's evidence.

In Europe (EUIPO):

• Opposer files evidence within 3 months from the date of the notice of opposition.

• Applicant files evidence within 3 months from the end of the opposer's evidence period.

• Opposer may file reply evidence within 1 month of the applicant's evidence.

In Portugal (INPI):

• Timelines typically follow the EUIPO model, with similar evidence periods.

These periods are not automatically extended, though applicants can sometimes request extensions for good cause (such as difficulty obtaining evidence from overseas). An experienced attorney will build in time buffers and begin gathering evidence immediately to avoid missing these critical deadlines.

Procedural Requirements for Evidence

Trademark offices have strict requirements for how evidence must be submitted:

• Formatting: Documents must be in the correct format (typically PDF, with specified file sizes and page limitations).

• Translations: Foreign-language documents must often be translated into the language of the trademark office.

• Authentication: Witness declarations must sometimes be notarized or sworn under oath.

• Indexing and organization: Evidence must be organized, indexed, and cross-referenced clearly.

An attorney familiar with the trademark office's specific requirements will ensure all evidence complies, avoiding the risk that evidence is rejected or deemed inadmissible due to procedural defects.

Phase 4: Written Arguments and Briefs

What Are Written Arguments?

After evidence submission closes, each party files written arguments (sometimes called a "statement of arguments" or "brief") summarizing the evidence and presenting their legal position. These arguments synthesize the factual evidence with the applicable law to persuade the trademark office decision‑maker.

The written arguments phase is where a skilled trademark attorney's legal expertise shines. An effective brief:

• Distills the key facts from pages of evidence into a compelling narrative.

• Applies relevant case law and trademark office precedent to those facts.

• Distinguishes unfavorable authority.

• Addresses each ground of opposition methodically.

• Anticipates and rebuts the opposing party's likely arguments.

Timeline for Written Arguments

In the United States:

• Typically, the applicant files a written argument within 30 days of the close of evidence.

• The opposer may file a reply argument within 15 days of the applicant's argument.

In Europe:

• Written arguments are typically filed within 2 months of the close of evidence.

• The opposing party may file a reply within 1 month.

In Portugal:

• Timelines generally follow the EUIPO model.

Why Quality Legal Writing Matters

Many trademark attorneys view the written argument as a technicality—a formality to be quickly drafted and filed. This is a mistake. The written argument is often the decision‑maker's primary source of legal analysis and persuasion. A compelling, well-organized argument can be the difference between success and failure.

An experienced trademark attorney will:

• Spend substantial time researching applicable case law.

• Structure the argument to lead with the strongest points.

• Use clear, concise language that persuades rather than overwhelms.

• Highlight key evidence and explain its significance.

• Anticipate counterarguments and address them preemptively.

Phase 5: Oral Hearing (if applicable)

When Is an Oral Hearing Held?

Not all trademark oppositions go to an oral hearing. In fact, many are decided on the written record alone. However, either party can typically request an oral hearing, and the trademark office examiner or board may decide that an oral hearing is necessary or appropriate.

An oral hearing provides an opportunity for the parties (or their attorneys) to present their case directly to the decision‑maker, answer questions, and respond to the opposing party's arguments in real time.

Timeline for Oral Hearing

The trademark office typically schedules an oral hearing several months after the close of written arguments. In the United States, the hearing might be scheduled 2 to 6 months after written arguments close. In Europe, timelines vary, but hearings are typically scheduled within a few months of request.

A few weeks before the hearing, the trademark office issues a notice setting the date, time, and location. At this point, an attorney managing your case will:

• Prepare you to testify (if you will be testifying).

• Prepare witnesses or experts who will testify.

• Develop a presentation strategy and visual aids.

• Anticipate examiner questions and prepare responses.

• Brief you on the procedural rules and hearing etiquette.

Why an Attorney Should Represent You at Hearing

While some trademark offices permit self-representation, appearing at an oral hearing without an attorney is highly risky. An experienced trademark attorney will:

• Present your case persuasively and professionally.

• Handle difficult cross-examination questions from the examiner or opposing counsel.

• Remain composed under pressure and adapt to the examiner's line of questioning.

• Highlight key evidence and legal points in real time.

• Respond strategically to the opposing party's arguments without conceding important points.

An attorney defending trademark opposition at an oral hearing is not just presenting facts; they are performing a sophisticated form of legal advocacy that significantly influences the outcome.

Phase 6: Decision

Timeline to Decision

After the oral hearing (or after written arguments close, if there is no hearing), the trademark office typically issues a decision within several months. In the United States, the TTAB (Trademark Trial and Appeal Board) typically issues a decision within 6 to 12 months of the close of evidence. In Europe, the EUIPO typically issues a decision within 12 to 18 months.

The decision is usually written and explains the examiner's or board's reasoning, addressing each ground of opposition and each party's evidence and arguments.

What the Decision Means

If the opposition is successful (from the opposer's perspective), the applicant's trademark is refused registration. The applicant loses the opportunity to register that mark in that jurisdiction.

If the opposition is unsuccessful, the applicant can proceed with registration. The trademark is registered in the applicant's name, and the applicant obtains exclusive rights to use the mark.

An experienced trademark attorney will review the decision carefully to identify any errors or grounds for appeal, and will advise you on next steps.

Phase 7: Appeals

Timeline for Appeals

If either party is dissatisfied with the trademark office's decision, they may file an appeal, typically within 1 to 3 months of the decision (depending on jurisdiction). Appeals are filed before an appellate body—in the United States, the TTAB (if it was not the initial decision maker) or the United States Court of Appeals for the Federal Circuit; in Europe, the EUIPO Board of Appeal; in Portugal, the administrative or court appeal system.

The appellate process typically takes an additional 12 to 24 months, extending the overall timeline significantly.

An attorney should carefully analyze whether an appeal is worthwhile. Appeals have a lower success rate than initial proceedings (because appeals courts typically defer to the initial decision‑maker's findings of fact), and they are expensive. A pragmatic attorney will advise whether an appeal is a sound investment or whether other options (such as filing a new application with modifications) are preferable.

Managing the Timeline: The Attorney's Role

An experienced trademark attorney helps you navigate the opposition timeline by:

Creating a Master Deadline Calendar

An attorney will create a comprehensive calendar tracking all critical dates, including evidence submission deadlines, written argument deadlines, hearing dates, and appeal deadlines. Missing even one deadline can be fatal to your case.

Communicating Clearly and Regularly

Throughout the process, your attorney should keep you informed of upcoming deadlines, what is expected of you, and what progress is being made. Regular communication prevents surprises and keeps you engaged in the process.

Preparing for Each Phase

Rather than reacting to each phase, an effective attorney prepares proactively. Evidence gathering begins immediately; written arguments are drafted carefully; hearing preparation is thorough.

Managing Costs and Resources

By anticipating what will be needed at each stage, an attorney can help manage costs and allocate resources efficiently. For example, if the case is likely to hinge on expert testimony, the attorney may recommend hiring an expert early, before the expert evidence deadline.

Identifying Settlement Opportunities

Throughout the timeline, an attorney will assess whether settlement or negotiation might be preferable to continuing through to a final decision. Sometimes reaching a negotiated resolution (such as a coexistence agreement or licensing arrangement) is smarter than proceeding through a lengthy, expensive opposition process.

Jurisdiction-Specific Timelines

United States (USPTO)

Notice of Opposition to Response: 40 days
Opposer's Evidence: 30 days after response
Applicant's Counter-Evidence: 30 days after opposer's evidence
Opposer's Reply Evidence: 15 days after applicant's evidence
Applicant's Written Argument: 30 days after close of evidence
Opposer's Reply Argument: 15 days after applicant's argument
Oral Hearing: Typically 6 to 12 months after written arguments close
TTAB Decision: Typically 1 to 2 years from notice of opposition
Appeal to Federal Circuit: Additional 1 to 2 years (if appealed)

Europe (EUIPO)

Notice of Opposition to Response: 2 months
Opposer's Evidence: 3 months from notice of opposition
Applicant's Counter-Evidence: 3 months after opposer's evidence
Opposer's Reply Evidence: 1 month after applicant's evidence
Written Arguments: 2 months after close of evidence
Oral Hearing: Typically several months after hearing is requested
EUIPO Decision: Typically 1 to 2 years from opposition filing
Appeal to Board of Appeal: Additional 1 to 2 years (if appealed)

Portugal (INPI)

Notice of Opposition to Response: 2 months
Evidence Periods: Similar to EUIPO model
Written Arguments: 2 months after close of evidence
Decision: Typically 1.5 to 2.5 years from opposition filing
Administrative or Court Appeal: Additional 1 to 2 years (if appealed)

Common Pitfalls and How Attorneys Avoid Them

Missing Deadlines

The most common mistake is missing a critical deadline. An attorney maintains a robust deadline management system, often with multiple reminders and backup calendars to ensure no date is overlooked.

Insufficient Evidence

Parties often gather evidence reactively, responding to the opposer's evidence rather than proactively building their case. An attorney begins evidence gathering immediately upon engaging, building a comprehensive evidentiary foundation.

Weak Written Arguments

Written arguments are sometimes drafted hastily, without sufficient legal research or factual development. An attorney invests the time necessary to research applicable law and craft persuasive legal arguments.

Poor Hearing Preparation

Oral hearings require substantial preparation. Parties that show up unprepared often perform poorly. An attorney will prepare thoroughly, anticipating questions and developing response strategies.

Failure to Evaluate Settlement Options

Some parties pursue oppositions to the bitter end even when a negotiated settlement would be faster and cheaper. An attorney will objectively evaluate settlement opportunities and advise on whether continued litigation is prudent.

Conclusion: The Trademark Opposition Timeline and the Essential Role of Attorneys

The trademark opposition timeline is complex, with multiple phases, strict deadlines, and critical procedural requirements. Navigating it successfully requires expertise, careful planning, and disciplined project management. An experienced trademark attorney brings all of these elements to your case, significantly increasing the likelihood of a favorable outcome.

Whether you are the applicant defending your mark against opposition or the opposer challenging a competitor's application, engaging an attorney early in the process is one of the best decisions you can make. The cost of legal representation is invariably far less than the cost of losing your trademark or facing unnecessary delay and uncertainty.

If you are facing a trademark opposition, do not delay. Contact an experienced trademark attorney today to discuss your options, understand the timeline and deadlines you face, and develop a winning strategy for protecting your brand.