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Trademark Opposition Attorney – Protect Your Mark. Defend Your Rights.

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.

We Defend Trademark Applications Against Opposition Proceedings

When another company files an opposition against your trademark, the stakes are clear: either you defend your mark and secure registration, or your application gets abandoned. At our firm, we specialize in defending trademark oppositions before the U.S. Trademark Trial and Appeal Board (TTAB). We've guided hundreds of applicants through this complex legal battle—and won.

What We Do:

  • Strategic Opposition Defense: Build a compelling answer to opposition within 40 days of filing

  • Evidence-Based Arguments: Gather and present expert testimony, market surveys, and documentary evidence to overcome likelihood of confusion, descriptiveness, or other grounds

  • Counterclaim Strategy: Attack the opposer's own registrations when warranted (non-use, improper registration, etc.)

  • Full TTAB Representation: From pleadings through briefing, discovery, and oral arguments—we handle every phase

  • Cost-Effective Solutions: Negotiate settlements, explore Accelerated Case Resolution (ACR), or go all the way to final decision

How to Fight a Trademark Opposition: Your Step-by-Step Guide

When you receive a Notice of Opposition, you have 40 days to file your Answer—or lose your application. But responding isn't just about denying allegations; it's about understanding what the opposer must prove and building an airtight defense.

The Opposition Process (Simplified)

  1. Notice of Opposition is Filed (by opposer, within 30 days of publication)

  2. Your Answer is Due (40 days from Notice)

  3. Discovery Phase (exchange evidence, depositions)

  4. Trial Briefs (opposer files brief, you respond, opposer rebuts)

  5. TTAB Decision (typically within 6 months of trial completion)

  6. Possible Appeal (to U.S. Court of Appeals for the Federal Circuit)

Timeline: Expect 18–26 months for full resolution, though settlements can resolve matters in weeks.

Common Opposition Grounds & How We Defend Against Them

Ground What They Must Prove Our Defense Strategy
Likelihood of Confusion (most common) Your mark is confusingly similar; consumers might mistake the source Show marks are visually, phonetically, or conceptually distinct; different channels of trade; different consumer sophistication
Merely Descriptive Your mark describes a characteristic, quality, or function of goods/services Argue the term is suggestive or arbitrary; present evidence of acquired distinctiveness (secondary meaning); third-party trademark coexistence
Generic Your mark is a common name for the product itself Prove market usage distinguishes your mark as a brand identifier, not a generic term; present consumer surveys; show competitive necessity argument fails
Prior Registration/Use Opposer has earlier use or registration rights Establish your prior use date; file counterclaim for non-use; challenge opposer's priority
Dilution by Blurring/Tarnishment Your mark blurs or damages opposer's famous mark's distinctiveness Show no fame; show no actual dilution; present evidence of parallel use without confusion
Failure to Use in Commerce You haven't actually used the mark (Section 1(a) only) Submit use specimens; prove bona fide commerce; explain unavoidable delays

What Defending a Trademark Opposition Actually Costs

Legal fees are the biggest driver of cost—far more than USPTO filing fees or discovery expenses. Here's what you should budget:

Budget Ranges (Estimated Attorney Fees Through Final Decision)

Scenario Typical Cost
Simple case (narrow issues, minimal evidence) $40,000–$50,000
Moderate complexity (multi-issue, standard discovery) $70,000–$110,000
Complex case (extensive evidence, expert witnesses, full trial) $100,000–$150,000+
Early settlement (before answer, quick resolution) $2,500–$10,000

What Affects Cost:

  • Complexity: Straightforward likelihood of confusion cases cost less than cases involving acquired distinctiveness, genericism, or dilution

  • Discovery Scope: Limited discovery (agreed by both parties) cuts costs; full discovery with depositions dramatically increases fees

  • Evidence Gathering: Expert witnesses, market surveys, and consumer perception studies add $5,000–$25,000+

  • Settlement Timing: Cases resolved by answer stage cost far less than those proceeding to trial briefs or oral arguments

  • Opposer's Aggressiveness: Opposers filing dispositive motions or extensive discovery increase your defense costs

Good News: You control your budget. You can set a maximum spend threshold, explore settlement options, or use TTAB Accelerated Case Resolution (ACR) to streamline the process and reduce legal fees.

Why You Need a Trademark Opposition Attorney (Not Just Any Lawyer)

TTAB litigation is fundamentally different from federal court litigation. The TTAB follows its own procedural rules, has specific evidentiary standards, and requires deep familiarity with trademark law precedent. Here's what matters:

Key Advantages of Experienced Opposition Counsel

✓ Standing to Practice Before TTAB: Only USPTO-registered trademark attorneys and agents can represent parties before the TTAB—not every lawyer is qualified
✓ Strategic Pleadings: Your Answer isn't just a response; it's your first offense—asserting affirmative defenses (laches, estoppel, acquiescence, fraud) that can shift the entire case
✓ Evidence Strategy: We know which evidence persuades TTAB judges—consumer surveys vs. dictionary definitions vs. actual marketplace use
✓ Cross-Examination Tactics: During trial, our attorneys know how to depose opposer witnesses and expose weaknesses in their case
✓ TTAB Precedent: We apply controlling case law from landmark decisions (In re Rath Packing Co., In re Zalmark Enterprises, In re Juice Generation) to build persuasive arguments
✓ Settlement Negotiation: Many oppositions settle before trial—we know when to fight and when to negotiate
✓ Federal Circuit Appeals: If needed, we pursue appellate remedies to protect your trademark at the highest level

Real Examples: Defending Opposition Successfully

Scenario 1: Likelihood of Confusion Defense
Client: E-commerce seller with "VIVID" mark for laptop cases
Opposer's Claim: VIVID confuses with opposer's registered VIVIDLY for backpacks
Our Defense: We gathered evidence showing:

  • Marks look and sound different (VIVID vs. VIVIDLY)

  • Different markets (computer cases vs. bags)

  • Different consumer classes (tech-savvy purchasers vs. casual backpack buyers)

  • Multiple third-party marks using "VIVID" in electronics
    Result: TTAB reversed the refusal; client's mark registered.

Scenario 2: Merely Descriptive with Acquired Distinctiveness
Client: Vitamin supplement maker with "VITALITY BOOST" mark
Opposer's Claim: "VITALITY BOOST" merely describes vitamins that boost energy
Our Defense: We submitted:

  • 10+ years of continuous use in commerce

  • Sales figures ($5M+ annual revenue)

  • Consumer survey evidence showing consumers recognize "VITALITY BOOST" as a brand identifier, not descriptive

  • Expert testimony on secondary meaning in the market
    Result: TTAB found acquired distinctiveness; registration allowed.

Scenario 3: Affirmative Defense – Acquiescence
Client: Fashion brand with "LUXE" mark for apparel
Opposer's Claim: Likelihood of confusion with opposer's "LUXE" registration in clothing
Our Defense: We discovered:

  • Opposer knew of applicant's use for 7+ years

  • Opposer never took action despite knowledge

  • Both brands coexisted without actual confusion
    Result: TTAB found acquiescence barred the opposition; client's mark registered.

Don't Let Your Trademark Disappear: Act Now

The clock is ticking. You have 40 days from the Notice of Opposition to file your Answer. Miss that deadline, and your application is abandoned—no second chances, no refunds.

Every day matters. The sooner we engage, the sooner we begin building your defense strategy, gathering evidence, and preparing for the TTAB battle ahead.

Your Next Step

Schedule a confidential consultation with our trademark opposition attorneys. We'll review your Notice of Opposition, assess the strength of the opposer's grounds, identify your strongest defenses, and outline a realistic budget and timeline for defending your mark.

Don't negotiate with the TTAB alone. Get experienced counsel in your corner.

FAQ: Trademark Opposition

Q: What if I don't respond to the opposition?
A: Your trademark application will be automatically abandoned. You'll lose all rights to the mark, and any investment you made in the application is lost.

Q: Can I settle an opposition out of court?
A: Yes. Many oppositions settle before trial through negotiation (coexistence agreements, consent to registration, modification of goods/services). We negotiate favorable settlements to save time and legal fees.

Q: How long does an opposition take?
A: 18–26 months on average for full resolution, but settlements can occur much faster (weeks to months).

Q: What if I lose the opposition?
A: You can appeal to the U.S. Court of Appeals for the Federal Circuit. We handle appellate representation.

Q: Can I file a counterclaim?
A: Yes. If the opposer's own registration is vulnerable (non-use, improper registration, fraud), we can file a counterclaim to cancel their mark. This often creates leverage for settlement.

Q: What's the difference between opposition and cancellation?
A: Opposition challenges a trademark application before registration (within 30 days of publication). Cancellation challenges an already-registered mark at any time. Both use the same TTAB process and defenses.

Take Action Today

Your trademark's future is at stake. Don't leave it to chance. Contact our trademark opposition attorneys today for a strategic defense consultation.

Call or email to schedule your confidential review. We'll assess your opposition, outline your defense strategy, and quote realistic legal fees based on your case's complexity.

Your mark. Your brand. Your rights. We fight to protect them.