TMEP 1503.01: Filing a Notice of Opposition

This is the October 2015 Edition of the TMEP

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1503.01    Filing a Notice of Opposition

Any person who believes that he or she would be damaged by the registration of a mark on the Principal Register may oppose registration by filing a notice of opposition with the Board, and paying the required fee, within thirty days after the date of publication, or within an extension period granted by the Board for filing an opposition. See 15 U.S.C. §1063; 37 C.F.R. §§2.101-2.107; TBMP §§303 et seq.

The notice of opposition must include a concise statement of the reasons for the opposer’s belief that the opposer would be damaged by the registration of the opposed mark, and must state the grounds for opposition. 37 C.F.R. §2.104(a); TBMP §§309.01 et seq.

A notice of opposition to an application based on §1 or §44 of the Trademark Act may be filed either on paper or through ESTTA at http://estta.uspto.gov/. 37 C.F.R. §2.101(b)(1). A notice of opposition to an application based on §66(a) of the Act must be filed through ESTTA. 37 C.F.R. §2.101(b)(2); see In re Börlind Gesellschaft für kosmetische Erzeugnisse mbH, 73 USPQ2d 2019 (TTAB 2005); TBMP §309.01.

A notice of opposition does not have to be verified, and it may be signed by either the opposer or the opposer’s attorney. 37 C.F.R. §2.101(b); TBMP §309.02(b).