If another party has applied for a trademark that closely resembles the mark your business already owns and uses, you may be asking how to oppose that application. The short answer: file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB) through its ESTTA system within 30 days after the application is published in the Official Gazette, or request an extension of time before that window closes. The electronic filing fee is $600 per class opposed.

A confusingly similar mark can mislead consumers, divert sales, and weaken your brand’s identity. Here is who can oppose, on what grounds, by when, and what happens next.

Who Can Oppose a Trademark Application?

Under Section 13 of the Lanham Act (15 U.S.C. § 1063), any person who believes they would be damaged by the registration of a mark may file an opposition. You do not need a federal registration. Prior common-law use, a pending application, or another genuine commercial interest can qualify.

The concern must be legitimate, and the Federal Circuit now frames this requirement as an “entitlement to a statutory cause of action” rather than “standing.” Applying the Supreme Court’s Lexmark test, the court held in Corcamore, LLC v. SFM, LLC (2020) that a challenger must show an interest within the zone of interests the statute protects and a reasonable belief in damage proximately caused by the registration. In Meenaxi Enterprise, Inc. v. Coca-Cola Co. (2022), the court required actual evidence of commercial injury, such as lost U.S. sales or reputational harm. In 2025, Curtin v. United Trademark Holdings confirmed that a consumer’s interest alone is not enough to oppose.

For more, see our post on who has standing to oppose or cancel a trademark.

Common Grounds for Trademark Opposition

The most frequent ground is likelihood of confusion under Section 2(d) of the Lanham Act. To succeed, you must show priority, meaning rights in a protectable mark that predate the applicant’s, and that the applicant’s mark is likely to cause confusion with yours. Prior rights can be shown through earlier use in U.S. commerce on products, in advertising, or as a trade name.

Other grounds recognized in the TTAB Manual of Procedure (TBMP § 309.03(c)) include:

• Mere descriptiveness: The mark describes a quality, characteristic, function, or feature of the goods or services (Section 2(e)(1)).
• Geographic descriptiveness: The mark is primarily geographically descriptive of where the goods or services originate (Section 2(e)(2)).
• Deceptiveness or deceptive misdescriptiveness: The mark misdescribes the goods or services. It is deceptive under Section 2(a) if consumers are likely to believe the misdescription and it would affect their decision to buy, and deceptively misdescriptive under Section 2(e)(1) if believable but not material to the purchase.
• Dilution: If your mark is famous, you can oppose a mark likely to cause dilution by blurring or tarnishment, even without consumer confusion. Section 13 expressly permits this ground by cross-reference to 15 U.S.C. § 1125(c).
• Fraud: The applicant knowingly made a false, material representation to the USPTO with intent to deceive. Under In re Bose Corp. (Fed. Cir. 2009), negligence is not enough, and fraud must be proven with clear and convincing evidence.
• Other grounds: Genericness, functionality, lack of bona fide intent to use, and nonuse.

We cover each ground in more detail in Grounds for Trademark Opposition.

Letter of Protest vs. Opposition: Acting Earlier

A letter of protest is a different and earlier tool. It lets a third party send the examining attorney evidence of a problem, such as your prior registration or pending application, while the application is still under examination and before publication. The fee is $150 per application, and evidence is limited to 10 items per ground. A protester does not become a party, has no right to argue the case, and gets no extension of the opposition deadline.

An opposition, by contrast, is a formal adversarial proceeding before the TTAB that begins only after publication. A letter of protest is the cheaper first step if you catch a conflict early; an opposition is the remedy once the mark is published.

When to File: The 30-Day Opposition Period and Extensions

Trademark oppositions are decided by the TTAB. The proceeding resembles litigation, but the Board decides it on a written record and briefs. Monitoring the Official Gazette is how most brand owners catch conflicting applications in time.

Timing is critical. Once an application is published for opposition in the Trademark Official Gazette, the opposition period is 30 days. Within that period, a potential opposer must either file a Notice of Opposition or request an extension through ESTTA. Under 37 C.F.R. § 2.102, the extension options are:

• First request: 30 days as of right (no fee), or 90 days for good cause ($200).
• Second request: If you took the 30-day extension first, a further 60 days for good cause ($200).
• Final request: One last 60-day extension, granted only with the applicant’s consent or for extraordinary circumstances ($400).

No extension can push the deadline beyond 180 days from the publication date, and each request must be filed before the current deadline expires.

How the Trademark Opposition Process Works

A contested opposition typically unfolds in four stages.

File a Notice of Opposition

The case begins with a Notice of Opposition filed through ESTTA, the TTAB’s electronic filing system. The electronic filing fee is $600 for each class of goods or services you oppose. The notice identifies the application and pleads your entitlement to oppose and each ground, with supporting facts. The Board then issues a notice of institution and trial schedule, which also serves the notice on the applicant.

The Applicant Responds

For proceedings instituted on or after September 4, 2025, the TTAB gives the applicant 60 days from the institution order to file an answer. If no answer is filed, the Board may enter default judgment. See our guide to responding to a trademark opposition for the applicant’s perspective.

Discovery Conference and Discovery

Before discovery opens, the parties must hold a discovery conference to discuss settlement and the scope of discovery, and either side can ask a Board attorney to join. Discovery generally runs 180 days. The parties exchange initial disclosures and documents, serve interrogatories and requests for admission, and may take depositions.

Trial, Briefs, and Decision

Each side then submits testimony and evidence in its assigned trial period, followed by written briefs. An oral hearing is available on request, but it is argument, not a new evidentiary trial. If the TTAB sustains the opposition, the application is refused registration for the challenged goods or services.

Parties who want a faster route can agree to Accelerated Case Resolution (ACR) so the Board decides the case on a limited record under a shortened schedule.

Settling a Trademark Opposition

Many oppositions end without a final decision. The Board can suspend proceedings for good cause, including while the parties negotiate. Common outcomes include narrowing the goods or services, amending the mark, abandoning the application, or signing a consent or coexistence agreement that defines how both marks can be used without confusion.

Trademark Opposition FAQs

How long do I have to oppose a trademark application?

You have 30 days from the date the application is published in the USPTO’s Official Gazette to file a Notice of Opposition. Before that deadline passes, you can request an extension through ESTTA: 30 days as of right, or 90 days for good cause, followed by further extensions in limited circumstances. The total cannot exceed 180 days from publication. Missing the deadline means you must wait and petition to cancel the registration instead.

How much does it cost to file a trademark opposition?

The USPTO fee for filing a Notice of Opposition electronically through ESTTA is $600 per class of goods or services opposed. A first 30-day extension request is free. A 90-day first extension or 60-day second extension costs $200, and a final 60-day extension costs $400. Attorney fees are separate and depend on whether the case settles early or proceeds through discovery and trial.

Do I need a registered trademark to oppose an application?

No. Any person who believes they would be damaged by the registration can oppose, provided they have a real commercial interest and a reasonable belief in harm. Prior common-law use of a similar mark in U.S. commerce often supports both entitlement to oppose and a likelihood-of-confusion claim. A consumer’s interest alone is not enough, according to the Federal Circuit’s 2025 decision in Curtin v. United Trademark Holdings.

What is the difference between a letter of protest and a trademark opposition?

A letter of protest is filed during examination, before publication, and gives the examining attorney evidence of a registrability problem. It costs $150 per application, and the protester does not become a party. An opposition is a formal adversarial case before the TTAB, filed after publication, in which you plead grounds, take discovery, and present evidence. A letter of protest does not extend the opposition deadline.

How long does a trademark opposition take?

A fully contested opposition usually takes well over a year because discovery alone generally runs 180 days, followed by trial periods, briefing, and a decision. Many cases resolve far sooner through settlement, default, or a negotiated amendment to the application. Parties who agree to Accelerated Case Resolution can shorten the schedule by deciding the case on a limited record.

Contact the Trademark Attorneys at Revision Legal

For more information about opposing a trademark application, contact the experienced trademark lawyers at Revision Legal. You can reach us through the form on this page or call (855) 473-8474.